In the 

Missouri Court of Appeals

Western District

OSAGE MOBILE HOME PARK, LLC,

Respondent,

v.

LISA JONES (SMOTHERS),

Appellant

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WD81183

OPINION FILED:

APRIL 9, 2019

Appeal from the Circuit Court of Jackson County, Missouri

The Honorable Robert Lynn Trout, Judge

Before Division Three: Gary D. Witt, Presiding Judge, Cynthia L. Martin, Judge, 

Anthony Rex Gabbert, Judge

In 2005, Appellant Lisa Jones began renting a lot from Respondent Osage Mobile 

Homes, LLC (“Osage”) for her mobile home. The terms of the month-to-month tenancy were set 

forth in a written agreement. The agreement stated that the property could only be occupied by 

Jones and Janessa Brown.1 It further stated that the agreement was not assignable, and that Jones 

could not sublet the property without Osage’s written permission. Jones vacated the property 

several years ago, but Brown continued to reside in the mobile home.

In August of 2017, Brown also vacated the trailer, and Jones’s daughter, Jessika Koehler, 

moved in. Koehler submitted a written application to occupy the property to Osage, but after 

 

1 Brown and Koehler, discussed infra, were parties to the original action, but they did not join Jones in this appeal.
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Koehler failed the background check, Osage notified her that she did not have permission to 

occupy the property. Osage also gave Jones written notice that the month-to-month tenancy was 

being terminated. After Koehler refused to vacate the premises, Osage filed its petition for 

breach of lease and unlawful detainer. 

 The foregoing evidence was adduced at a trial where Jones, Koehler, and Wayne 

Gretzinger, who owns Osage, testified. There, as here, Jones appeared pro se. The trial court 

entered judgment awarding damages and restitution of the premises to Osage. Jones then 

commenced this appeal.

DISCUSSION

Jones’s brief presents two points on appeal, though they are more properly read as one, as 

the first point merely sets forth the standard of review Jones believes we should apply to the 

case. For the second point, Jones argues that the trial court misapplied Section 441.060.4(2)

RSMo (2016). Jones argues that Section 441.060 requires landlords to provide 60 days’ notice to 

vacate a lot when the tenant owns a mobile home and is leasing the lot upon which the mobile 

home sits. Here, she argues the trial court erred in granting restitution of the premises with only 

30 days’ notice. In response, Osage claims that this argument is being raised for the first time on 

appeal and therefore must be dismissed. 

“We will ‘not consider arguments not raised below and made for the first time on

appeal.’" Hagan v. Buchanan, 215 S.W.3d 252, 257 (Mo. App. 2007) (citation omitted). Our 

review of the record shows that this is the first time Jones has raised this argument. It appears in 

no pleading filed below, nor was there any mention of it during the trial. Furthermore, tempted 

though we may be to ignore this fact given that Jones is appearing pro se, under Missouri law, 

Jones "is bound by the same rules of procedure as those admitted to practice law and is entitled
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to no indulgence she would not have received if represented by counsel." Richard v. L & S 

Langco Props., LLC, 350 S.W.3d 469, 471 (Mo. App. 2011) (citation omitted). "This principal

is not grounded in a 'lack of sympathy but rather it is necessitated by the requirement of judicial

impartiality, judicial economy and fairness to all parties'." State ex rel. Morgan v. Okoye, 141 

S.W.3d 410, 411 (Mo. App. 2004) (citation omitted). Accordingly, Jones’s point fails as being 

unpreserved for review.

The appeal is dismissed.2

Anthony Rex Gabbert, Judge

ALL CONCUR.

 

2 Accordingly, Appellant’s Motion for Judgment on Appeal, to Tax Costs, and for Writ of Mandamus, filed 

on Sep. 6, 2018, is also denied.