Legal Opinion

Baker v. Biancavilla

Missouri Court of Appeals

Decided February 10, 1998No. Nos. WD 53416, WD 53473PublishedCited by 5 opinions

1Opinion of the Court

ULRICH, Chief Judge.

Elizabeth Baker appeals the trial court’s dismissal of her petition for injunctive relief against Francesco and Linda Biancavilla. Ms. Baker sought to enjoin the Biancavillas from installing a tile roof on the home they were constructing in violation of Article VII, Section 9 of the recorded restrictions governing the subdivision. The Biancavillas appeal the trial court’s failure to award them their attorney’s fees incurred in defending the action as requested in their motion to dismiss.1 The judgment of the trial court dismissing Ms. Baker’s petition is reversed, and the…

2Cases cited3 opinions

  1. City of Chesterfield v. Deshetler Homes, Inc.Missouri Court of Appeals · 1997
  2. Paddock Forest Residents Ass'n v. Ladue Service Corp.Missouri Court of Appeals · 1981
  3. Taylor v. SeamanMissouri Court of Appeals · 1996

3Cited by5 opinions

  1. LC Development Co., Inc. v. LINCOLN CTY.Missouri Court of Appeals · 2000
  2. Crede v. City of Oak GroveMissouri Court of Appeals · 1998
  3. Anderson v. Village of JacksonvilleMissouri Court of Appeals · 2003
  4. Shouse v. RFB Const. Co., Inc.Missouri Court of Appeals · 1999
  5. Osage Water Co. v. City of Osage BeachMissouri Court of Appeals · 2001

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