437 S.W.3d 814
Mo. Ct. App.2014Background
- Bugg appeals the Probate Court of Boone County, Missouri, to vacate its 2010 judgment, which this court previously affirmed in Bugg V.
- This is the eighth time the case has been before the appellate court, with multiple prior opinions in the Bugg line of cases.
- Bugg argues the Probate Court’s alleged statutory noncompliance renders his challenge jurisdictional, relying on pre-Webb law.
- Post-Webb, the court explains jurisdictional challenges based on statutes are improper and must be preserved or waived.
- The court holds the real defect is Bugg’s failure to raise arguments in the underlying appeal, invoking law of the case to prevent relitigation.
- The court dismisses the present appeal for the same reasons as in Bugg VII, urging that there must be an end to litigation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of jurisdictional challenge post-Webb | Bugg contends statutory defect is jurisdictional. | Webb requires preservation; otherwise waived. | Waived; end of litigation. |
| Application of law of the case to end litigation | Arguments could be reconsidered despite prior rulings. | Law of the case bars relitigation and mandates conclusion. | End of litigation; no relief. |
| Whether dismissal should follow Bugg VII reasoning | Relief similar to Bugg VII is still sought. | Precedent supports dismissal for same reasons as Bugg VII. | Dismissed for the same reasons as Bugg VII. |
Key Cases Cited
- Rutter v. Bugg (Estate of Downs), 75 S.W.3d 853 (Mo.App.W.D.2002) (early Bugg decisions shaping litigation posture)
- Rutter v. Bugg (Estate of Downs), 242 S.W.3d 729 (Mo.App.W.D.2007) (continuing Bugg litigation history)
- Rutter v. Bugg (Estate of Downs), 300 S.W.3d 242 (Mo.App.W.D.2009) (further appellate consideration)
- Rutter v. Bugg (Estate of Downs), 347 S.W.3d 487 (Mo.App.W.D.2011) (Bugg IV ruling context)
- Rutter v. Bugg (Estate of Downs), 348 S.W.3d 848 (Mo.App.W.D.2011) (Bugg V affirmation on appeal)
- Rutter v. Bugg (Estate of Downs), 400 S.W.3d 360 (Mo.App.W.D.2013) (Bugg VII—basis for current dismissal)
- Clark v. Francis, 422 S.W.3d 369 (Mo.App.W.D.2013) (jurisdictional challenges waived if not timely raised)
- J.C.W. ex rel. Webb v. Wyciskalla, 275 S.W.3d 249 (Mo. banc 2009) (jurisdictional competence not via statutory arguments)
- Denny v. Guyton, 57 S.W.2d 415 (1932) (end of litigation principle and law of the case)