CARL E. SMITH and MARGARITA SMITH v. GREAT AMERICAN ASSURANCE COMPANY, GREGORY HERKERT, and THE STOLAR PARTERSHIP, LLP

CARL E. SMITH and MARGARITA SMITH, ) ) Appellants, ) ) vs. ) No. SD32604 ) GREAT AMERICAN ASSURANCE ) FILED: June 3, 2014 COMPANY, GREGORY HERKERT, and ) THE STOLAR PARTNERSHIP, LLP, ) ) Respondents. ) APPEAL FROM THE CIRCUIT COURT OF GREENE COUNTY Honorable Michael J. Cordonnier, Judge AFFIRMED Carl and Margarita Smith owned motel property subject to a mortgage that Respondents purported to foreclose over the Smiths’ objection. The Smiths sued. The parties’ lawyers quickly explored settlement, reached agreement, and circulated settlement documents which the Smiths refused to sign.…