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DANIEL SCHMITT & COMPANY, Appellant, v. Anthony ARCESE, Sr., Mitch Stoddard & Associates, P.C., Respondents.

Missouri Court of Appeals, Eastern District, DIVISION TWO2018-05-29No. No. ED 106091
547 S.W.3d 823

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Opinion

majority opinion

PER CURIAM

Anthony Arcese filed action against Daniel Schmitt and Company (DSC) alleging violations of the Missouri Merchandising Practices Act (MMPA), fraud, and negligent misrepresentation. The trial court granted summary judgment in favor of DSC on Arceses claims of fraud and negligent misrepresentation. Following a bench trial, the trial court entered judgment in favor of DSC and awarded DSC attorneys fees. Arcese appealed from the trial courts judgment, and this Court reversed the trial courts award of attorneys fees and court costs to DSC. Arcese v. Daniel Schmitt & Co., 504 S.W.3d 772, 790 (Mo. App. E.D. 2016) ( Arcese I).

We have reviewed the briefs of the parties and the record on appeal and find no error of law. No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memorandum for their information only, setting forth the facts and reasons for this order.

The judgment is affirmed pursuant to Rule 84.16(b).