ST. LOUIS — The Missouri Court of Appeals affirmed a circuit court decision denying specific performance of a real estate contract and awarding attorney’s fees to the prevailing party.
The dispute originated from a July 10, 2016, contract between Teri Deffenbaugh and Kelly Forck, and David Kelly Burre, acting as Trustee of the David Kelly Burre Revocable Trust, according to the opinion filed Jan. 21 in Missouri Court of Appeals, Western District.
The agreement outlined the sale of a 20-acre parcel of land for $90,000. However, the property’s description relied on an “attached map” that was not produced during the trial, and its boundaries were only partially defined with steel posts.
The property presented logistical challenges as it was landlocked and lacked direct access to a public roadway.
To address this, the contract stipulated that Deffenbaugh and Forck would secure clear title to adjacent property and obtain an easement for access. The agreement also included a fee-shifting clause, requiring the non-prevailing party in any litigation to cover the prevailing party’s legal costs.
Despite initial progress, including the extension of the closing date to July 19, 2017, the transaction stalled.
Burre’s efforts to complete a property survey were interrupted, and Deffenbaugh failed to secure the necessary easements or title to adjacent land before the closing date. While Deffenbaugh argued that verbal agreements sufficed, the circuit court found no evidence of enforceable commitments.
No further written extensions to the contract were executed, leading Burre to consider the agreement expired.
Deffenbaugh and Forck filed a lawsuit in 2020, seeking specific performance to enforce the contract. However, after a bench trial in September 2023, the lower court ruled in favor of Burre.
Burre was also awarded $15,000 in attorney’s fees, as stipulated by the contract.
Deffenbaugh appealed, arguing that the circuit court’s decision was unsupported by substantial evidence, against the weight of the evidence, and legally flawed.
"Deffenbaugh raises eleven separate Points Relied On, claiming that the circuit court erroneously applied the law, lacked substantial evidence for its factual findings, or made findings which were against the weight of the evidence," the opinions states. "We resolve this appeal primarily based on a single issue: that the circuit court had substantial evidence to find that Deffenbaugh had not performed, or tendered performance of, his obligations under the contract as of the July 19, 2017 closing date."
The appellate court affirmed the lower court’s judgment, finding no error in its conclusions, the opinion states.
The appellate court also addressed the fee-shifting provision, granting Burre’s motion for attorney’s fees incurred during the appeal.
While the appellate court could have set the fee amount, it remanded the case to the circuit court for this determination, consistent with precedent emphasizing trial courts’ capacity to evaluate the reasonableness of fees.
The appellant is represented by Brian K. Francka of Jefferson City.
The respondent is represented by Thomas Riley and Jacquelyn Brazas of Fulton.
Attorneys for the parties did not respond to requests for comment before publication.
Missouri Court of Appeals, Western District case number: WD86760