ADAMS v. UNION PLANTERS BANK, ED 85841 (Mo.App.E.D. 2006)

ROBERT L. ADAMS and LARAINE RAE ADAMS, his wife, Appellants, v. UNION PLANTERS BANK, N.A., Respondent.

No. ED 85841Missouri Court of Appeals, Eastern District, Division Four.
February 7, 2006

[EDITORS’ NOTE: THIS OPINION IS SUBJECT TO MODIFICATION OR TRANSFER TO THE SUPREME COURT.]

Appeal from the Circuit Court of Cape Girardeau County, Hon. John P. Heisserer.

Walter S. Drusch, Jr., Cape Girardeau, MO, for appellant.

David G. Wasinger, St. Louis, MO, for respondent.

Before Nannette A. Baker, P.J. and Robert G. Dowd, Jr. and Sherri B. Sullivan, JJ.

ORDER
PER CURIAM.

Robert and Laraine Adams (collectively the Adams) appeal from the judgment of dismissal entered in favor of Union Planters Bank, N.A. (Union Planters). In the underlying case, the Adams brought suit against Union Planters for statutory damages under Section 443.130, RSMo 2000. In their sole point on appeal, the Adams argue the trial court erred in dismissing their petition based upon the recent Missouri Supreme Court case of Garr v.Countrywide Home Loans, Inc., 137 S.W.3d 457 (Mo. banc 2004) because the Garr decision “is clearly erroneous and manifestly wrong and should not be followed.”

We have reviewed the briefs of the parties and the record on appeal and find the claims of error to be without merit. An opinion reciting the detailed facts and restating principles of law would have no precedential value. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order. The judgment is affirmed in accordance with Rule 84.16(b).