Civil Appeal Lawsuit


Civil Appeal Lawsuit in St. Charles, MO

Bringing a civil appeal lawsuit can be risky business. A majority of the cases, about 90%, taken up on appeal are affirmed – that is, the outcome is not changed.

Jayson Lenox and Scott Simpson, of Niedner Law Firm in St. Charles, MO, recently represented a client in an appeal to a successful reversal.

Rollin Moershel owned, with two other gentlemen, stake in a piece of real estate in St. Charles, Missouri. When Mr. Moershel died, his widow – Jane Moerschel – was entitled to a cash payout of 20% of the value of that piece of real estate.

The two remaining owners wanted to pay as little as possible to Mrs. Moershel and tried to convince the court that the appraised value of the building was not its “actual value”. The effect of their argument was to try to keep from Mrs. Moershel $45,000 they owed her.

This $45,000 was important to Mrs. Moershel because the buyout arrangement with the other two owners was to be a form of life insurance for her. When Rollin was alive, he was entitled to receive a portion of the building’s monthly rent. This rent acted as a part of his income stream during retirement.

Mr. Moershel knew that income stream would be cut off when he died. Therefore he wanted to be sure his wife would receive the fair value of his part of building when he died – for her to live on.

Mr. Lenox and Mr. Simpson represented Mrs. Moershel in successfully appealing the original ruling and making sure she received the money she was owed and that her husband had invested for her while he was alive.

The Missouri Court of Appeals

The Missouri Court of Appeals, Eastern District, ruled in favor of Mrs. Moershel, and instructed the original trial to amend their judgment. This ruling was perfect for Mrs. Moershel. Not only will she now receive the funds she is rightfully owed, but she does not have to go back to the original trial court and spend more money and time in a new case.

This outcome puts the issue to rest in favor of Mrs. Moershel.

If you need an attorney to represent you in a civil appeal lawsuit, contact Jayson Lenox or Scott Simpson of Niedner, Bodeux, Carmichael, Huff, Lenox and Pashos in St. Charles, Missouri.