U.S. Bank Trust, N.A. v. Luna, WD 81800

• Decision Date: 24 September 2019
• Docket Number: WD 81800
• Citation: 583 S.W.3d 516 (Mem)
• Parties: U.S. BANK TRUST, N.A., Respondent, v. Guillermo LUNA, et al., Appellants.
• Court: Missouri Court of Appeals

583 S.W.3d 516 (Mem)

U.S. BANK TRUST, N.A., Respondent,

v.Guillermo LUNA, et al., Appellants.

WD 81800

Missouri Court of Appeals, Western District.

ORDER FILED: September 24, 2019

Gary C. West and Matthew Tillma, Fairway, KS, and Shawn Scharenborg, St. Louis, MO, Attorneys for Respondent.

Charles S. Scott, Jr., Shawnee, KS, Attorney for Appellants.

Before Division Four: Karen King Mitchell, Chief Judge, and Lisa White Hardwick and Anthony Rex Gabbert, Judges

Order

Per Curiam:

Guillermo and Lourdes Luna appeal from the judgment of the associate division of the Circuit Court of Jackson County granting summary judgment to U.S. Bank Trust, N.A., in its action for unlawful detainer. On appeal, the Lunas claim the motion court erred in granting summary judgment because (1) they complied with Rule 74.04 in their responses to U.S. Bank’s motion for summary judgment, and thus, they properly demonstrated a disputed material fact, and (2) they were denied due process because they did not receive notice that the property at issue was subject to a foreclosure sale. Finding that there is no genuine issue of material fact and that U.S. Bank is entitled to judgment as a matter of law, we affirm. Rule 84.16(b).