Presson v. Presson
Presson v. Presson
Opinion of the Court
Dennis L. Presson and Theresa Melton (collectively "Appellants"), appeal the judgment of the Circuit Court of St. Francois County granting Bridget A. Presson's ("Respondent") motion to dismiss their petition. Appellants are the children of Warner Lee Presson ("Decedent"), and Respondent was Decedent's wife at the time of his death. Appellants argue two points on appeal: 1) the trial court erred in finding that Appellants' claims were compulsory counterclaims that should have been raised in prior litigation; and 2) the trial court erred in finding Appellants' claims were barred by § 473.360.
Factual Background
In September 2007, Decedent married Respondent. At the time of the marriage, Decedent was the owner of multiple real estate properties (the "Property"). In December 2007, Decedent conveyed the Property to himself and Respondent as tenants by the entirety via a general warranty deed ("Deed I").
In April 2010, Respondent attempted to convey the Property back to Decedent as the sole legal owner via a general warranty deed ("Deed II") waiving her marital, dower, and homestead rights in the Property.
In April 2013, Decedent attempted to convey the Property to Appellants as joint tenants via a general warranty deed ("Deed III"). Decedent died a few months later.
Respondent, individually and as personal representative of Decedent's estate, filed a petition for discovery of assets against Appellants ("Case I"). Respondent then filed a motion for summary judgment, arguing that Deeds II and III were nullities,
On June 24, 2016, the probate court entered its final order and judgment, declaring that Respondent was the sole owner of the Property, and that Deeds II and III were nullities.
After the judgment became final, Appellants filed a petition ("Case II") claiming that from April 2013 until June 2016, they performed services necessary to maintain the Property, including paying the real estate taxes and utility bills (the "Services"). Appellants asserted that Respondent had been unjustly enriched because she refused to compensate Appellants for their Services.
Respondent motioned to dismiss Appellants' petition. Following a hearing, the trial court granted Respondent's motion to dismiss, because Appellants' claims in their *691petition were compulsory counterclaims under Rule 55.32(a)
Standard of Review
We review a trial court's order granting a motion to dismiss de novo. Gibbons v. J. Nuckolls, Inc.,
Discussion
Appellants raise two points of error on appeal: 1) the trial court erred in determining that Appellants' claims in its petition were compulsory counterclaims, and 2) the trial court erred in determining that Appellants' claims were barred by § 473.360. However, we need address only Appellants' first point.
Missouri Supreme Court Rule 55.32(a), which governs compulsory counterclaims, states:
A pleading shall state as a counterclaim any claim that at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim ....
The purposes of the Rule 55.32(a) are to discourage separate litigation covering the same subject matter and to require adjudication of such claims in the same action. Evergreen Nat. Corp. v. Killian Const. Co. ,
In their briefs, Appellants do not dispute their claims in Case II arise out of the same transaction that was the subject matter of Case I. We note the word "transaction" as it appears in Rule 55.32(a) is to be applied in the broadest sense. Wamsganz v. Washington Cnty. Mercantile Bank,
Here, both Case I and II involved a dispute between the same parties over the same real property. Ownership of the Property constituted the foundation of the claims in Case I and II. Accordingly, we hold that Appellants' claims in Case II arise from the same transaction that was the subject matter of Respondent's claims in Case I. See Harris v. Nola ,
However, Appellants assert that until the grant of summary judgment in Case I, they were unaware they did not own the Property, and so were unaware that they had sustained damages related to their Services. Therefore, they argue, their claim had not "matured" for the purposes *692of Rule 55.32(a) when their responsive pleadings were due in Case I. Respondent argues that Appellants claims were mature by the time their responsive pleadings were due in Case I because Appellants knew Respondent was seeking to establish sole ownership of the Property and knew they had expended money on their Services.
An implicit requisite to the compulsory counterclaim rule is the claim to be asserted as a counterclaim must be "matured" at the time of serving the pleading in the previous case. Knight v. M.H. Siegfried Real Est., Inc. ,
Appellants assert that Carson v. Dixon Cemetery supports their argument that their unjust enrichment claims were not mature until judgment was entered in Case I.
On appeal, the Southern District held that until the trial court's judgment against the appellant in 2007, her claims had not accrued and the statute of limitations had not run.
*693Carson is distinguishable from the present case for several reasons. First, Carson did not involve the interpretation or application of Rule 55.32(a). Unlike here, the appellant in Carson sued a party in the second case not involved in the first case, and the Court never determined whether the claims in each case arose from the same transaction. Moreover, Appellants here consented to Respondent's motion for summary judgment declaring her the owner of the Property in Case I,
The Southern District case, Adamson v. Innovative Real Estate ,
Based on the survey's results, the Landowners then sued the neighbor ("Adamson III ") seeking, inter alia, a judgment quieting title to the portion of real estate containing the driveway.
On appeal, the Southern District affirmed the trial court's determination that the Landowners' claims in Adamson III met the elements of a compulsory counterclaim. The Court then addressed whether the Landowners' claims had matured at the time of Adamson I or II.
Here, we hold that Appellants' present claims were mature when their responsive pleadings were due in Case I. Just as the Landowners in Adamson could have surveyed the disputed property, Appellants could have examined the public records relating to the Property and determined they were not the owners.
The case Port v. Maple Tree Investments also supports the proposition that Appellants' claims here were mature and barred by Rule 55.32(a).
On appeal to the Western District, the appellant argued their slander of title claim did not mature until the judgment was entered in the first case.
The arguments made by Appellants here and the appellant in Port are substantially the same-that their claims relating to the maintenance of disputed real property were not mature until the court entered judgment determining the legal status of disputed real property. Appellants, like the appellant in Port , did not need to wait until judgment was entered in Case I to file their present claims. Like in Port , Appellants could ascertain their damages when Respondent filed suit in Case I. Therefore, Appellants were required to file their present claims as counterclaims in Case I, and the trial court did not err in determining Appellants are barred by Rule 55.32(a) from asserting them in a later independent lawsuit.
Because the trial court properly determined that Rule 55.32(a) bars Appellants' claims, we need not address Appellants' second point arguing the trial court erred *695in determining that Appellants' claims were barred by § 473.360.
Conclusion
The judgment of the trial court is affirmed.
Lisa P. Page, P.J. and Roy L. Richter, J. concur.
All references to statutes are to RSMo 2016, and all references to rules are to Missouri Court Rules 2017, unless otherwise specified.
Deeds I, II, and III were recorded in the Recorder of Deeds Office in St. Louis County.
Respondent argued that Deed II was a nullity because the Property was held as tenants by the entirety and an individual spouse may not convey that spouse's interest to another individual or individuals.
The petition, answer, and all subsequent proceedings in discovery of assets cases are governed by the Missouri Rules of Civil Procedure. Section 473.340.
Both parties state in their briefs that our standard of review should be pursuant to Rule 73.01. However, Rule 73.01 applies only to cases tried without a jury or with an advisory jury, and therefore is inapplicable here.
Section 516.120(5) provides that "[a]n action for relief on the ground of fraud ..." shall be filed "[w]ithin five years." Section 516.100 states that that for the purposes of section 516.120, "the cause of action shall not be deemed to accrue when the wrong is done ... but when the damage resulting therefrom is sustained and is capable of ascertainment...."
In the probate court's judgment in Case I, it stated that "[t]he Court is advised that [Appellants' attorney] consents to entry of the judgment granting [Respondent's] Motion for Summary Judgment."
However, Appellants' assertion on appeal that they believed they were the rightful owners of the Property until entry of judgment in Case I is belied by the fact that Appellants consented to summary judgment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.