Debra S. Pauli and Steven G. Spicer v. Gwen Spicer
445 S.W.3d 667
| Mo. Ct. App. | 2014Background
- Plaintiffs seek declaratory relief to void the 2008 quiet-title judgment affecting title to real property.
- The 2008 judgment canceled a deed and vested title in the Defendant; the Trust was the named defendant, not Plaintiffs.
- Spicer (as trustee) moved to set aside the 2008 judgment, but was not named as a party; the Supreme Court later held the 2008 judgment void for lack of joinder and lack of jurisdiction in Spicer I.
- The prior quiet-title action involved Donald N. Spicer conveying a one-half interest to the Trust; the case treated the Trust as the potential grantee and owner.
- Plaintiffs filed the current declaratory-judgment action about one month after Spicer I, asserting they were necessary and indispensable parties whose absence voids the 2008 judgment.
- The trial court ruled the 2008 judgment was not void, and Plaintiffs appeal, arguing the judgment is void and non-binding due to lack of joinder; the court ultimately reverses and remands to enter judgment in Plaintiffs' favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Were Plaintiffs necessary and indispensable parties to the prior quiet-title action? | Pauli and Spicer were necessary beneficiaries/parties to protect their interests. | Plaintiffs were not required parties; the Trust was the proper defendant. | Yes; Plaintiffs were necessary and indispensable; 2008 judgment void for lack of joinder. |
| Can res judicata or virtual representation bind Plaintiffs to the void 2008 judgment? | Void judgments are not subject to res judicata or virtual representation. | Doctrine of virtual representation should apply to bind non-parties. | Void judgment cannot support res judicata or virtual representation; inapplicable here. |
Key Cases Cited
- Jones v. Jones, 285 S.W.3d 356 (Mo. App. S.D. 2009) (non-joined indispensable party renders judgment void)
- Bauer v. Bd. of Election Com’rs, 198 S.W.3d 161 (Mo. App. E.D. 2006) (lack of party deprives trial court of jurisdiction)
- Epstein v. Villa Dorado Condo. Ass’n, 316 S.W.3d 457 (Mo. App. E.D. 2010) (due process protects non-parties from incurring obligations)
- Spicer v. Donald N. Spicer Revocable Living Trust (Spicer I), 336 S.W.3d 466 (Mo. banc 2011) (2008 judgment void for lack of joinder; missed jurisdiction issue in appeal)
- Berry v. Chitwood, 362 S.W.2d 515 (Mo. 1962) (void judgment cannot support res judicata)
- Worley v. Worley, 19 S.W.3d 127 (Mo. banc 2000) (void judgment collateral attack allowed)
- Polette v. Williams, 456 S.W.2d 328 (Mo. 1970) (real estate title judgments require binding all interested parties)