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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Broken Heart Venture, L.P. v. A & F Restaurant Corp., 859 S.W.2d 282 (1993)

Citation
Broken Heart Venture, L.P. v. A & F Restaurant Corp., 859 S.W.2d 282 (1993)
Parent Document
Broken Heart Venture, L.P. v. A & F Restaurant Corp., 859 S.W.2d 282 (1993)
Jurisdiction
Missouri (state)
Effective Date
1993-08-24

Other Sections in This Document (20)

Full Text

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A & F failed to make any payment by June 11, and Broken Heart filed an unlawful detainer action in the Circuit Court of St. Louis County on June 23, 1992, which is the subject of this appeal. In the unlawful detainer action, Broken Heart sought possession of the premises and statutory double damages for the period from June 1, 1992, until restitution of the premises. A & F raised several affirmative defenses, and filed a counter-claim against Broken Heart. On September 13, 1992, the trial court granted Broken Heart’s motion to strike A & F’s affirmative defenses and counterclaim, and granted summary judgment in favor of Broken Heart. The court awarded Broken Heart $114,155.82 as damages for rent and other charges, $1,500 for costs and attorneys’ fees, and ordered A & F to vacate the premises by October 20, 1992. A & F filed a motion to modify the judgment, a separate motion to vacate the judgment, and thereafter vacated the premises on October 2, 1992. On October 23, 1992, the trial court granted A & F’s motion to modify and vacated the judgment, and issued a new judgment awarding Broken Heart $92,637.62 as damages and costs for the period from June 1, 1992, through October 2, 1992.2 A & F appeals this judgment.