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ENTERPRISE FINANCIAL GROUP, INC. v. PODHORN

No. 17-3767.

929 F.3d 1028 (2019)

ENTERPRISE FINANCIAL GROUP, INC., Plaintiff-Appellant, v. Richard PODHORN; GR3 Construction, LLC; Capital Constructors Development, LLC; SLC Group, LLC; CLS Group, LLC; LCS Group, LLC; Cornerstone Investors, LLC; CapDev, LLC; Wilmer Farms, LLC; Highland Management Group, LLC; Maundeigh-Blu, LP; Maundeigh-Blu Management Company, Inc.; Richard J. Podhorn Revocable Trust U/T/A Dated May 18, 2006; Locomotive Investments, LP; HSWB, LLC; HS157, LLC; PFWB, LLC; WB1, LLC; 6ND, LLC; 6NWB, LLC; Missouri Equity Solutions, LLC; MO Housing & Re-Development, LLC; Contract Holdings, Inc.; Simpson Living Trust; Automotive Professional Resources, LLC; JCL Realty, LLC; James Capital Investments, LP; 4S Development, LLC; Wentzville Cinema Company, LLC, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 16, 2019.

Attorney(s) appearing for the Case

Richard M. Elias , Tamara M. Spicer , ELIAS & GUTZLER, Saint Louis, MO, Bart F. Higgins , SHIELDS LEGAL GROUP, Addison, TX, Peter Michael Jung , Jadd Fitzgerald Masso , CLARK HILL & STRASBURGER, Dallas, TX, for Plaintiff-Appellant.

Andrew Rain Kasnetz , SANDBERG & PHOENIX, Clayton, MO, Stephen Michael Murphy , Zachary S. Merkle , SANDBERG & PHOENIX, Saint Louis, MO, for Defendants-Appellees.

Before SMITH, Chief Judge, COLLOTON and ERICKSON, Circuit Judges.

Enterprise Financial Group, Inc. sued CapDev, LLC and several other defendants under the Missouri Uniform Fraudulent Transfer Act. Enterprise then filed a lis pendens—a notice that any interests in property acquired during litigation are subject to the outcome—against one of CapDev's properties. The district court

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