393 S.W.3d 657
Mo. Ct. App.2013Background
- Plaintiffs Palmore, Bell Funeral Home, and Mason sued the City of Pacific, Sexton Bruns, and Vault Co. for overcharged burial/interment fees.
- City ordinances capped interment/burial fees at $360, with $60 going to the City under an agreement.
- Plaintiffs paid fees totaling up to $630–$640 for three Mason family burials, exceeding the $360 cap.
- Small Claims Suit in Franklin County resulted in a judgment for Defendants on some claims and for Plaintiffs on one claim.
- Vault Co. filed a Trial De Novo in circuit court; Palmore later dismissed the Amended Petition; the trial court’s summary judgments followed.
- The circuit court later granted summary judgment to all Defendants in the present action, which Plaintiffs appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Vault Co.’s Trial De Novo filing was void ab initio | Vault Co. could file; non-attorney representation allowed in small claims. | Filing for trial de novo constitutes the practice of law and requires an attorney. | Vault Co.’s filing was void ab initio; not filed by an attorney. |
| Whether the present suit is barred by res judicata | Claims were previously raised; different damages should not allow re-litigation. | All four identities of res judicata are satisfied; prior judgment precludes current claims. | Present suit is barred by res judicata. |
Key Cases Cited
- Stolfus v. Musselman & Hall Const., Inc., 845 S.W.2d 565 (Mo.App. W.D.1992) (impact of trial de novo dismissal on prior judgment; res judicata considerations)
- Kepler v. Dolines, 941 S.W.2d 22 (Mo.App. W.D.1997) (reaffirmation of judgments and res judicata principles)
- Eisel v. Midwest BankCentre, 230 S.W.3d 335 (Mo. banc 2007) (practice of law defining filing as sufficient for representation concerns)
- Hoffmeister v. Tod, 349 S.W.2d 5 (Mo. banc 1961) (definition of the practice of law; character of act controls)
- Page v. Lewis, 902 S.W.2d 359 (Mo.App. E.D.1995) (treatment of trial de novo as original proceeding in circuit court)
- State ex rel. Means v. Randall, 764 S.W.2d 120 (Mo.App. W.D.1988) (trial de novo statutory scheme; nature of proceeding)
- Chesterfield Vill., Inc. v. City of Chesterfield, 64 S.W.3d 315 (Mo. banc 2002) (four identities of res judicata; privity considerations)
- King Gen. Contractors, Inc. v. Reorganized Church of Jesus Christ of Latter Day Saints, 821 S.W.2d 495 (Mo. banc 1991) (four identities framework for res judicata)