Green Street 2900 Investors, LLC v. The St. Louis Woodworks, Inc. (2022)

Citation: Green Street 2900 Investors, LLC v. The St. Louis Woodworks, Inc. (2022)
Parent Document: Green Street 2900 Investors, LLC v. The St. Louis Woodworks, Inc. (2022)
Jurisdiction: Missouri (state)
Effective Date: 2022-08-30
Original Source: https://www.courtlistener.com/opinion/10630161/green-street-2900-investors-ll... ↗

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   This is the only description of the supposed ambiguity set forth in Appellant’s Brief. In its Reply Brief, Appellant
argues “the terms of the Lease were ambiguous.” Emphasis added. But Appellant did not make this affirmative
argument in Appellant’s Brief. Appellate courts are generally “precluded from addressing assertions made for the
first time in a reply brief because a respondent has no opportunity to address the argument.” Berry v. State, 908
S.W.2d 682, 684 (Mo. banc 1995) (quoting P & K Heating & Air Conditioning, Inc. v. Tusten Townhomes
Redevelopment Corp., 877 S.W.2d 121, 124 (Mo. App. E.D. 1994)).

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