Midtown Home Improvements, Inc. v. Taylor, No. ED 106721

• Court: Court of Appeal of Missouri (US)
• Writing for the Court: Honorable Mary K. Hoff
• Citation: 578 S.W.3d 793
• Parties: MIDTOWN HOME IMPROVEMENTS, INC., Respondent, v. Antoinette TAYLOR, Appellant.
• Docket Number: No. ED 106721
• Decision Date: 05 March 2019

578 S.W.3d 793

MIDTOWN HOME IMPROVEMENTS, INC., Respondent,
v.
Antoinette TAYLOR, Appellant.

No. ED 106721

Missouri Court of Appeals, Eastern District, DIVISION TWO.

FILED: March 5, 2019

ATTORNEY FOR APPELLANT: Antoinette Taylor, acting Pro Se, 3806 Breeders Cup Drive, Florissant, MO 63034.

ATTORNEY FOR RESPONDENT: Barry Steven Ginsburg, 7 Highgate Road, St. Louis, MO 63132.

OPINION

Honorable Mary K. Hoff

578 S.W.3d 795

Antoinette Taylor ("Taylor") appeals pro se from the trial court’s Judgment following a trial de novo on Midtown Home Improvements, Inc.’s ("Midtown") small claims petition against her for her failure to pay the balance due under a contract for exterior work on her home. After a trial de novo , the trial court entered its Judgment in favor of Midtown in the amount of $4,138.28 plus costs. As Taylor’s brief fails to comply with the rules of appellate procedure so substantially that we cannot review this appeal, we dismiss it. We sustain Midtown’s motion for an award of attorney’s fees on appeal.

Factual and Procedural Background

On July 30, 2016, Taylor contracted with Midtown to have exterior siding work conducted on her home. Under the contract terms, Taylor initially agreed to pay $21,941.00 for Midtown to replace the siding on her home with 4.5-inch, cream-colored "Midtown" siding. After several change orders, including the additions of stone panels and gutter screens to the home, the total amount due under the contract was $25,756.00. Throughout the work, Taylor made several payments, but when the work was completed in January of 2017, Midtown did not receive the remaining balance of $2,977.33 and requested payment. When Taylor failed to pay, Midtown filed a small claims petition against her for the amount owed, prejudgment interest, and attorney’s fees. On October 10, 2017, a small claims judgment was entered in favor of Taylor. On October 19, 2017, Midtown filed an application for trial de novo , and on November 7, 2017, it filed an application for a change of judge.

On November 9, 2017, Midtown’s request for a change of judge was granted, and on April 12, 2018, a trial de novo was held. During the trial de novo , Taylor noted that she had filed a counterclaim on December 5, 2017, but that she was later informed "that there was no record of my counterclaim anywhere." A copy of a file-stamped document denoted "Counter Claim" was submitted to the court, which provided that Midtown "did not provide the siding that I ordered" and that Midtown wrongfully hauled away over-ordered, unused material that Taylor had paid for.¹

Robert Winchester ("Winchester"), Midtown’s General Manager, testified that Taylor signed Midtown’s standard contract for exterior work, and that the contract provided that the siding to be installed was "Midtown" siding. Winchester testified that "Midtown" siding is the only type of siding that Midtown sells and that it would not have been possible for a sales representative to sell any other type of siding to Taylor. Winchester testified that he heard of no complaints from Taylor about the work until after Midtown initiated collection efforts on the remaining $2,977.33 owed.

Taylor testified that prior to signing the contract, a Midtown sales representative, Zach Kleine ("Kleine"), visited her home several times to discuss the siding she wanted. Taylor testified that Kleine did not provide samples of siding to her, but that he showed her "pictures of what they offered" on an iPad. Taylor testified that while the contract she signed noted that the siding to be installed was "Midtown" siding, she had "no idea what that mean[t]." Taylor testified that as the siding

578 S.W.3d 796

was being installed, she discovered that it was not the siding she wanted or that she thought she purchased; she noted that she later learned that the siding she wanted on her home was Dutch lap siding. She explained that although she told Midtown’s workers to stop the installation, they did not, and stated that she could not reach anyone from Midtown by phone to order a stop. Taylor testified that once the work was completed, a Midtown representative requested payment of the remaining balance, but that she answered that he "needs to have his bosses call me because we need to negotiate something ... because I didn't order that siding." Taylor further testified that after the work was completed, she noticed several unopened cases of siding and buckets of unused nails. Taylor testified that although she requested to be credited "for all this product that [Midtown] ordered that [that she] paid for," Midtown declined, explaining that it normally uses those extra materials "for the next job."

Following the trial de novo , the court entered a Judgment in favor of Midtown, awarding $2,977.33 plus costs, and on May 2, 2018, Midtown filed a motion to amend the Judgment, seeking prejudgment interest and attorney’s fees. A hearing on the motion to amend was set for July 12, 2018. Taylor failed to appear, and on July 12, 2018, the court entered its amended Judgment, awarding $4,138.28 in damages, prejudgment interest, and attorney’s fees and assessing costs against Taylor.

Discussion

Pro se appellants are held to the same standards as attorneys, and all appellants must comply with the Supreme Court Rules, including Rule 84.04, which governs the content of appellate briefs. Carlisle v. Rainbow Connection, Inc., 300 S.W.3d 583, 584 (Mo....