Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kohner Props., Inc. v. Johnson, 553 S.W.3d 280 (2018)

Citation
Kohner Props., Inc. v. Johnson, 553 S.W.3d 280 (2018)
Parent Document
Kohner Props., Inc. v. Johnson, 553 S.W.3d 280 (2018)
Jurisdiction
Missouri (state)
Effective Date
2018-07-03

Other Sections in This Document (45)

Full Text

934 chars
This practice "is said to derive from a trial court's general equitable powers to protect a landlord from the potential loss of income from his property during a prolonged period of litigation." Schoshinski, supra , at 507; see also id. (noting trial courts may impose an in custodia legis procedure "without statutory authorization"). The in custodia legis procedure merely "preserves the status quo until a final judgment is rendered." MMB Assocs. v. Dayan , 169 A.D.2d 422, 564 N.Y.S.2d 146, 147 (1991). "The tenant pays rent into escrow at the discretion of the court, which apportions the escrowed money between the landlord and tenant after final judgment." Restatement (Second) of Prop., supra , at 381. No one, including the trial court, may "invade escrow accounts before final judgment without the consent of the *286parties." Teller , 253 S.E.2d at 130.3 Without an in custodia legis procedure available to the trial court,