section 535

Citation: section 535
Parent Document: MICHAEL YOUNKER, BRAD NECKERMANN, ADAM CHADEK, and AMANDA CHADEK v. INVESTMENT REALTY, INC., MICHAEL WOESSNER, LINDA WOESSNER, CURTIS D. BAXTER, SARAH BAXTER, and WILLIAMSBURG APARTMENTS, INC., Defendants-Respondents. (2015)
Jurisdiction: Missouri (state)
Effective Date: 2015-02-20
Original Source: https://www.courtlistener.com/opinion/2780934/michael-younker-brad-neckermann... ↗

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Wallingsford v. City of Maplewood, 287 S.W.3d 682, 686-87 (Mo. banc 2009). The failure to raise an argument for
summary judgment in the trial court in the manner required by Rule 74.04(c)(1) precludes its review on appeal.
Peterson v. Discover Prop. & Cas. Ins. Co., No. WD 76852, 2015 WL 161013, at *11 (Mo.App. W.D. Jan. 13,
2015). Therefore, we confine our review of the trial court’s grant of summary judgment here to the bases raised in
the summary judgment record before the trial court and now before us.
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  Tenants initially argue that “[t]here is no genuine dispute of material fact that [Property Owners] withheld sums
from [Tenants’] security deposits for reasons not specifically allowed by [section 535.300].” (Emphasis added).
Outside consideration of a motion for summary judgment in favor of Tenants, which was not before the trial court
and is not before us, the determination of this factual issue is for the finder of fact. In reviewing the trial court’s
grant of summary judgment in favor of Property Owners that is currently before us, we are concerned with the
existence of a genuine issue of material fact as to a proposition necessary to support that judgment.

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