Rothermich v. Weber's St. Charles Lanes, Inc.

AHRENS, Presiding Judge.

Betty Rothermich, personal representative of the estate of Kenneth Rothermich, brought a declaratory judgment action against Boatmen’s National Bank (Boatmen’s) seeking a declaration that a deed of trust in favor of Kenneth Rothermich had priority over Boatmen’s deed of trust. Boatmen’s moved for summary judgment, asserting that there was no genuine dispute that plaintiff’s deed of trust was junior to its deed of trust. The trial court granted Boatmen’s motion and entered judgment in its favor. Plaintiff appeals. We affirm.

Kenneth Rothermich and Herman Toeb-ben were…