Cox v. U.S. Bank, Nat'l Ass'n, 570 S.W.3d 76 (2018)

Nov. 13, 2018 · Missouri Court of Appeals, Western District · WD 81470; (C/w WD 81489)
570 S.W.3d 76

Deidra S. COX, Appellant-Respondent,
v.
U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISE FIRST BOSTON HEAT 2004-3, Respondent-Appellant,
and
Kozeny & McCubbin, L.C., and Jessica Westoff, Respondents.

WD 81470
(C/w WD 81489)

Missouri Court of Appeals, Western District.

Order filed: NOVEMBER 13, 2018
Application for Transfer to Supreme Court Denied December 18, 2018
Application for Transfer Denied April 2, 2019

Jeffery T. Adams, Clinton, for Appellant-Respondent.

Derik C. Albers, St. Louis, for Respondent-Appellant U.S. Bank.

James C. Morrow, Kansas City, for Respondent Kozeny & McCubbin, L.C.

Shawn T. Briner, Chesterfield, for Respondent Jessica Westhoff.

Before Division Four: Karen King Mitchell, Presiding Judge, Victor C. Howard, Judge and Anthony Rex Gabbert, Judge

ORDER

PER CURIAM:

Deidra Cox appeals the amended judgment of the trial court granting summary judgment in favor of U.S. Bank, National Association, as Trustee for Credit Suise First Boston Heat 2004-3 ("U.S. Bank"), Kozeny & McCubbin, L.C. ("K&M"), and Jessica Westhoff. U.S. Bank cross-appeals the denial of its request for attorney's fees. This appeal involves the validity of a real estate foreclosure sale. It involves similar facts and the same legal issues as those presented and decided in Wesley v. Wells Fargo Bank, N.A. , No. WD81408, 569 S.W.3d 436, 2018 WL 5913113 (Mo. App. W.D. Nov. 13, 2018), handed down concurrently herewith. The analysis and result of that case controls the disposition of this one. Because a published opinion would have no precedential value, the parties have been provided a memorandum. The judgment is affirmed. Rule 84.16(b).