GRAND TETON MOUNTAIN INV. v. BEACH PROP.

Nos. SD 31826, SD 31828.

385 S.W.3d 499 (2012)

GRAND TETON MOUNTAIN INVESTMENTS, LLC, Appellant-Respondent, v. BEACH PROPERTIES, LLC, and William F. Borders, Respondents-Cross Appellants, and BDCS, Inc., Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Opinion on Motion for Rehearing and Transfer Denied October 3, 2012.

Application for Transfer Denied December 18, 2012.


Attorney(s) appearing for the Case

John M. Edgar , for Grand Teton's.

Thomas Glenn Stoll , for Borders & Beach Prop.

Daniel Edward Stoll , for BDCS.


DANIEL E. SCOTT, P.J.

We consider cross-appeals involving foreclosure sale proceeds. Only one claim of error is well taken. The trial court should have directed the net surplus to the foreclosed landowner, not to a non-party with no interest in the property. We affirm in part, reverse in part, and remand for entry of a new judgment.

Background

Gary Prewitt and respondent William Borders are equal owners and members of Backwater Jacks, an LLC that...

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