Lee v. Peters

JOSEPH P. DANDURAND, Judge.

Deborah Lee appeals the judgment of the Ray County Circuit Court denying her action against Donald Peters for fees and penalties pursuant to Section 443.130. She claims in her two points on appeal that (1) the trial court erred in assessing attorney fees and other charges against her tender and (2) the trial court erred in not finding Mr. Peters waived any insufficiency of tender. The second point is granted, and the judgment is reversed and remanded.

Facts

Gladys H. Lee was the owner in fee simple of certain real property (“Property”). On December 15, 1999, Gladys…