Attorney Sean Brinker recently helped clients win appeals at the Missouri Eastern District Court of Appeals.  Sean defended three favorable trial court decisions for his clients, with each matter unanimously affirmed by the Court of Appeals.

In Ruff v. Bequette Constr., Inc., 662 S.W.3d 90 (Mo. App. E.D. 2023) (“Ruff I”), Sean represented a construction company that was sued by a group of homeowners challenging the company’s developer rights.  The trial court entered summary judgment in favor of the construction company.  The appellate court affirmed the trial court’s summary judgment finding that the homeowners did not have standing to challenge the developer’s rights.

In Ruff v. Bequette Constr., Inc., No. ED110707 (Mo. App. E.D. 2023), Sean represented the same construction company against the same homeowners from Ruff I, this time challenging the trial court’s reformation judgment clarifying the conveyance of developer rights.  The trial court ruled in favor of the construction company, finding that the reformation was valid.  The appellate court affirmed, holding that there was no controversy because it was already declared that the construction company had developer rights, regardless of the reformation judgment.

In Wallace v. Byrne, No. ED110783 (Mo. App. E.D. 2023), Sean represented landowners seeking to enforce and protect their rights to an easement which had been used for decades.  After a contested trial, the judge ruled in favor of Sean’s clients, confirming the existence, location, and scope of the easement, and awarding damages to the landowners for harm caused by the defendant’s interference with the easement.  The appellate court affirmed this judgment and awarded additional attorney fees to the landowners.

Sean is pleased that he was able to help these clients and he is eager to fight for clients at both the trial and appellate level.