Albu Farms, LLC v. Pride
| Docket Number | WD85494 |
| Decision Date | 28 November 2023 |
| Parties | ALBU FARMS, LLC, Respondent, v. HILDA M. PRIDE, et al., Appellants. |
| Court | Missouri Court of Appeals |
1
ALBU FARMS, LLC, Respondent,
v.
HILDA M. PRIDE, et al., Appellants.
No. WD85494
Court of Appeals of Missouri, Western District, Third Division
November 28, 2023
Appeal from the Circuit Court of Boone County, Missouri The Honorable Michael Bradley, Judge
Before Lisa White Hardwick, Presiding Judge, Karen King Mitchell, Judge and Cynthia L. Martin, Judge
Cynthia L. Martin, Judge
Dallas Pride ("Dallas"),[1] Sylvia Pride ("Sylvia"), and Valerie Pride ("Valerie") (collectively "Appellants") appeal from the trial court's grant of summary judgment in favor of Albu Farms, LLC ("Albu Farms") on claims to quiet title and for ejectment. Appellants claim the trial court's judgment is void because it was entered without substitution following Hilda Pride's ("Hilda") death; because the trial court did not have personal jurisdiction over Farrel Pride ("Farrel"); because an indispensable party that
claims an interest in the real property at issue in this case was not joined; and because a monetary judgment entered in prior litigation, that was executed upon in a manner that led to Albu Farms holding title to the real property at issue in this case, was void. In addition, Sylvia has filed a motion questioning whether this appeal must be dismissed for want of a final judgment. Finding no error and that the judgment appealed from is final, we deny Sylvia's motion to dismiss and affirm the trial court's judgment.
Factual and Procedural History[2]
This case involves a protracted and contentious dispute between family members and closely-held corporate entities over ownership of and the right to possess approximately 200-210 acres of farmland, including a residence and other structures, located in Boone County, Missouri, legally described as:
Eighty (80) acres, more or less, the East half of the Northwest Quarter; Eighty (80) acres, the West half of the Northeast Quarter, and Forty-Six (46) acres, the West part of the East half of the Northeast Quarter, all in Section Twenty (20) in Township Fifty-One (51) of Range Twelve (12) in Boone County, Missouri
(the "Farm").[3] The Farm is assigned Boone County Assessor's Parcel No. 03-400-20-00002.00 01, and has a street address of 20501 N. Route V, Sturgeon, Missouri 65284.
Several persons and entities are connected to the current dispute over ownership and possession of the Farm although only four are parties to this appeal. Albu Farms (the
Respondent in this appeal) is a Missouri limited liability company who acquired the Farm from B.G. B.G. and Hilda are brother and sister. Farrel is Hilda's son. Valerie (one of the Appellants) is married to Farrel. Dallas and Sylvia (the remaining Appellants) are the adult children of Valerie and Farrel. Magnum Commercial Properties, Inc. ("Magnum") is a Missouri corporation that was formed in 1994 by F.G.P. (believed to be a relative of the Pride family). Magnum was administratively dissolved in 1995. Midwest Environmental Technologies, Inc. ("Midwest Environmental") is a Missouri corporation that was formed by either Valerie or Farrel. Midwest Environmental is also administratively dissolved.
It is uncontested that record fee simple title to the Farm is held by Albu Farms. It is uncontested that Valerie, Sylvia, and Dallas (Appellants) do not claim to hold title to or an ownership interest in the Farm. It is uncontested that Valerie, Sylvia, and Dallas do not claim to be tenants on the Farm by virtue of a written lease with any person or entity and do not claim to have a tenancy relationship of any kind with Albu Farms or B.G. It is uncontested that Valerie, Sylvia, and Dallas are in possession of the Farm based solely on their familial relationship with Hilda. By warranty deed dated July 1, 1995, Hilda and her husband G.P. conveyed to themselves a life estate in the Farm with the remainder interest granted to Magnum after the death of the survivor of G.P. or Hilda.[4] Appellants claim that Hilda's and Magnum's ownership interests in the Farm have never been lawfully extinguished because a prior lawsuit that resulted in a monetary judgment in favor of B.G. and against Hilda, Valerie, and Farrel is void and that orders and judgments in aid of
execution of the prior judgment are void. This includes orders authorizing sheriff's sales of Hilda's and Magnum's interests in the Farm.
The Prior Lawsuit
In 2014, B.G. filed a lawsuit in the Circuit Court of Boone County, Case Number 14BA-CV00675 ("Prior Lawsuit"). B.G. sought to judicially foreclose a deed of trust recorded against land owned by Valerie and Farrel that is not at issue in this case (though the land is believed to be nearby the Farm). The deed of trust secured several personal loans made by B.G. to Valerie, Farrel, and Hilda. B.G. later amended his petition in the Prior Lawsuit to add claims against Valerie, Farrel, and Hilda for the unpaid balances due on the loans as well as for fraudulent misrepresentation, civil conspiracy, and conversion in connection with a specific loan made by B.G.
Hilda, Valerie, and Farrel were served in the Prior Lawsuit by publication. On September 2, 2014, defendants, acting pro se, filed an answer which Valerie signed on Farrel's behalf based on a power of attorney. The trial court struck the answer as to Farrel, because Valerie is not a licensed attorney. Despite this, Valerie continued to file and sign pleadings on Farrel's behalf in reliance on the power of attorney.
On March 19, 2015, as a sanction for failing to respond to discovery and for continuing to file pleadings signed by Valerie on Farrel's behalf the trial court struck Valerie, Farrel, and Hilda's pleadings and entered interlocutory default judgments against each of them in favor of B.G. An attorney then entered her appearance on behalf of Hilda and Farrel with a limited appearance on behalf of Valerie. Hilda, Valerie, and Farrel filed a motion to set aside the interlocutory default judgment which was denied by
the trial court following a hearing. During that hearing, evidence was presented including evidence regarding B.G.'s damages.
On April 23, 2015, the trial court entered a final judgment in the Prior Lawsuit which included detailed findings of fact and conclusions of law ("2015 Judgment"). The 2015 Judgment found that the trial court had personal jurisdiction over Hilda, Valerie, and Farrel. The 2015 Judgment found that B.G. held a first and prior lien on Valerie and Farrel's land by virtue of his recorded deed of trust and ordered the deed of trust to be foreclosed by sheriff's sale. The 2015 Judgment also entered sizeable monetary judgments in favor of B.G. and against Hilda, Valerie, and Farrel in the amount each owed on loans extended by B.G. including interest and attorney fees.
Hilda and Valerie appealed the 2015 Judgment to this court (WD78729 and WD78676 respectively)[5] and simultaneously filed for bankruptcy protection to stay the appeals and execution on the 2015 Judgment. Farrel did not appeal the 2015 Judgment.
Hilda and Valerie agreed to bankruptcy payment plans wherein Hilda agreed to pay B.G. the monetary judgment entered against her in the 2015 Judgment, and Valerie agreed to sell the land that was judicially foreclosed by the 2015 Judgment with proceeds paid to B.G. In connection with approval of the plans, Hilda and Valerie were each ordered by the bankruptcy court to dismiss their appeals from the 2015 Judgment.
Hilda and Valerie did not perform as they promised they would in their bankruptcy repayment plans. Their bankruptcies were subsequently dismissed without discharge.
On January 30, 2017, this court entered orders dismissing Hilda and Valerie's appeals from the 2015 Judgment for failure to prosecute, and in so doing, noted that Hilda and Valerie had been earlier ordered by the bankruptcy court to dismiss their appeals. Neither Hilda nor Valerie sought further review of, or relief from, our dismissal orders. Our mandate issued in both appeals on February 15, 2017.
After Hilda and Valerie's bankruptcies and appeals were dismissed, B.G. began efforts to execute on the 2015 Judgment. B.G. initiated garnishment proceedings against Magnum believing it owed money to Valerie and Farrel in excess of the amounts each owed on the 2015 Judgment. Although properly served, Magnum never answered the garnishment interrogatories. On May 7, 2018, B.G. secured a judgment against Magnum in the amount of $243,595.53 plus post-judgment interest pursuant to Rule 90.08[6] ("2018 Magnum Garnishment Judgment"). Magnum did not appeal or otherwise seek relief from the 2018 Magnum Garnishment Judgment.
B.G. also initiated garnishment proceedings against Midwest Environmental, believing it owed money to Valerie and Farrel in excess of the amounts each owed on the 2015 Judgment. Although properly served, Midwest Environmental never answered the garnishment interrogatories. On May 7, 2018, B.G. secured a judgment against Midwest
Environmental in the amount of $243,595.53 plus post-judgment interest pursuant to Rule 90.08 ("2018 Midwest Environmental Garnishment Judgment"). Midwest Environmental did not appeal or otherwise seek relief from the 2018 Midwest Environmental Garnishment Judgment.
B.G. then served discovery in aid of execution on Hilda, Valerie, Farrel, Magnum, and Midwest Environmental in an effort to discover assets against which the 2015 Judgment and the two garnishment judgments could be collected. After receiving no or inadequate responses B.G. filed motions for sanctions.
In the motion for sanctions filed against Hilda, Valerie, Farrel, and Magnum, B.G. noted that on July 1, 1995, Magnum executed a corporation deed of trust in favor of Hilda and her husband G.P. in the amount of $110,000 plus interest. Additionally, B.G. noted that on December 4, 1995, Magnum executed a corporation deed of trust in favor of Valerie and Farrel in the amount of $20,000 plus...
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