Justia Civil Procedure Opinion SummariesArticles Posted in Missouri Supreme Court
State ex rel. O’Basuyi v. Hon. David Lee Vincent III
Patrick O’Basuyi filed suit against several defendants (collectively, “TriStar”) for breach of contract, quantum meruit and fraudulent conveyance. TriStar responded by filing a counterclaim for malicious prosecution. O’Basuyi filed a motion for separate trial of TriStar’s counterclaims. The trial court overruled the motion for separate trial, determining that Mo. R. Civ. P. 55.06, which governs joinder of claims, authorized its denial of O’Basuyi’s motion for separate trial of the malicious prosecution claim. O’Basuyi subsequently sought a writ of prohibition. The Supreme Court granted the request writ, holding (1) Rule 55.06 does not permit either joinder or trial of a malicious prosecution counterclaim with the underlying claim; and (2) therefore, the trial court erred in permitting the joint trial of the defendants’ counterclaim and O’Basuyi’s claims. View "State ex rel. O'Basuyi v. Hon. David Lee Vincent III" on Justia Law
State ex rel. Schwarz Pharma, Inc. v. Judge Dowd
Schwarz Pharma Inc. was sued in seven individual actions by Plaintiffs, who filed suit in the St. Louis city court. Schwarz filed a motion to transfer venue in these seven individual actions under Mo. R. Civ. P. 51.045. The trial court ruled that the motions were untimely because they were not filed within the sixty-day period after Schwarz was served. Schwarz wrought writs of prohibition in the court of appeals, which denied relief. The Supreme Court granted relief, holding (1) the trial court erred in ruling that Schwarz’s motions to transfer venue were untimely; (2) Schwarz’s timely filed motions demonstrated that venue was improper in St. Louis city; and (3) therefore, the trial court was required to sustain the timely filed motions to transfer venue. View "State ex rel. Schwarz Pharma, Inc. v. Judge Dowd" on Justia Law
Rolwing v. Nestle Holdings, Inc.
Plaintiff was a Ralston Purina Company shareholder when Ralston and Nestle Holdings, Inc. entered into a merger agreement providing that, at the time of the merger, Ralston stock would be converted and Ralson shareholders would receive payments. Plaintiff was not paid until four days after the stock was converted. Ten years later, Plaintiff filed a class action petition alleging that Nestle breached the agreement by failing to timely pay shareholders. The trial court dismissed the petition as barred by the five-year statute of limitations in Mo. Rev. Stat. 516.120(1), which applies to all actions upon contracts except those mentioned in Mo. Rev. Stat. 516.110. Plaintiff appealed, arguing that the trial court erred by not applying the ten-year statute of limitations in section 516.110, which applies to all actions “upon any writing…for the payment of money.” The Supreme Court affirmed, holding (1) the five-year statute applied in this case; and (2) Plaintiff’s argument that his petition was timely because the five-year limitations period was tolled by a pending class action against Nestle in another state was without merit. View "Rolwing v. Nestle Holdings, Inc." on Justia Law