Missouri Court of Appeals gives Notre Dame students chance to observe case

The state's Eastern District Court of Appeals was in session Friday, Oct. 21, at Notre Dame Regional High School in Cape Girardeau. This was an opportunity for the school's students to see live court proceedings in action, and the attorneys and judges made what could have been a tedious matter, into an educational and at times entertaining experience.

"The judges of the Court of Appeals are very excited to have the opportunity to travel to high schools like Notre Dame," said Michael Gardner, chief judge of the Missouri Court of Appeals, Eastern District and a graduate of Notre Dame high school. "We think it's a wonderful learning experience."

Presiding Judge James Dowd introduced himself and fellow Court of Appeals Judge Kelly Broniec. He also introduced Christopher Limbaugh, associate Circuit Court Judge from Cole County, Missouri. He said Limbaugh was sitting in as a special judge, invited by Gardner, and appointed by the state's Supreme Court to sit with the Court of Appeals on Friday's case. Limbaugh is a former Cape Girardeau County prosecuting attorney.

Dowd addressed the students and others in attendance. He explained that, because of the high school setting, the judges would occasionally interrupt the attorneys to help the audience with tracking some of the concepts and procedures in the hearing.

Judge Kelly Broniec, right, Judge James Dowd, center, and Associate Circuit Court Judge Christopher Limbaugh hear arguments in a case Friday, Oct. 21, at Notre Dame Regional High School in Cape Girardeau.Danny Walter

The case

Dowd broke down the specifics of the original trial. He said a limited liability company, C&R Properties LLC, was formed by five siblings who owned 200 acres of farmland in Ste. Genevieve County. The land had been appraised at a value of $676,000. One of the siblings, Mark Schilli, had made a "take it or leave it" offer of $490,000. Three of the siblings agreed to that price. However, one sibling, Joseph Schilli, did not agree and filed a preliminary injunction to stop the sale. Dowd said the Ste. Genevieve County Circuit Court ruled against Joseph Schilli.

"The issue here is whether the purchase needs to be approved by unanimous or by majority vote," Judge Dowd said.

Clinton Roberts, the attorney representing Joseph Schilli, argued that the sibling's LLC had no operating agreement listing rules or procedures for decisions regarding sales of land. He cited a provision from Missouri statute 347.079, which deals with the management of an LLC, and which, he said, states: Except as provided in the operating agreement, the affirmative vote, approval or consent of all members shall be required.

Roberts contended, since there was no operating agreement, then the decision to sell needed to be unanimous.

Clinton Roberts, attorney for the appellant, argues an appeal before the Missouri Court of Appeals, Eastern District, in session Friday, Oct. 21, at Notre Dame Regional High School in Cape Girardeau.Danny Walter

Brad LaBruyere, the attorney for Mark Schilli, argued there was an operating agreement, and it was referred to by the members of the LLC in their email communications when discussing the sale.

Judge Dowd asked LaBruyere whether Joseph Schilli was included in those email conversations, and LaBruyere said he was included.

Judge Broniec questioned why no operating agreement was provided as evidence in the original trial.

"The importance of whether or not there is an operating agreement is very important in this case," Broniec said. "Because the operating agreement can trump what the statute says."

Limbaugh asked LaBruyere whether he agreed that there is no direct evidence defining the purpose of the LLC. LaBruyere said he did agree.

"So, without that evidence, are you asking the court to make an inference of the purpose?" Limbaugh asked.

"If it would be in my favor, then yes, I would ask the court to make such an inference," LaBruyere answered, which brought smiles to the judges and laughter from the audience.

After the attorneys finished their arguments, Dowd explained that the judges would take the matter under submission and be adjourned. He explained to the audience that they will later confer and vote on a decision. Then one of the judges would write the opinion of the court.

Michael Gardner, chief judge of the Missouri Court of Appeals, Eastern District, moderates a Q&A session with students Friday, Oct. 21, at Notre Dame Regional High School in Cape Girardeau.Danny Walter

Q&A

Judge Gardner then led the Q&A session with the students. Several questions were asked by students regarding procedures in court and how a case makes it to the Court of Appeals or the Supreme Court.

One student asked whether the judges owned their robes, how much they cost and "what's the washing process?"

Limbaugh said that was a fabulous question and joked that he bought his own robes but, apparently, his fellow judges on the bench had their robes provided by the court. Dowd shot back, "His father bought his robes." Which Limbaugh admitted was true, and said it was a Christmas present. Limbaugh is the son of Stephen N. Limbaugh Jr., a federal judge for the Eastern District and former chief justice of the Missouri Supreme Court.

Dowd had a final message to the students.

"You could be here," Dowd said. "The road to becoming a successful lawyer or judge in the State of Missouri is wide open. Do not think that this could not be in your future. It could absolutely be in your future."

After the event, Gardner said he was very pleased with how it went.

"On a personal level, it was very exciting for me to come back to Notre Dame because I graduated from here back in 1997," he said. "Two of my children are currently students here and they were in the audience today."