Williams v. Southern Union Co.
2011 Mo. App. LEXIS 1519
| Mo. Ct. App. | 2011Background
- Williams sues Southern Union (MGE) and Harris for malicious prosecution, outrageous conduct–fraud, and intentional interference with utility service; First Suit (2006) had pleadings stricken for non-appearance; Second Suit (2007) reasserted malicious prosecution and later added Counts III–IV; Court dismissed Counts III–IV for lack of exhaustion of administrative remedies, leaving Counts I–II; Williams voluntarily dismissed the Second Suit in 2009; Third Suit (2010) reasserts malicious prosecution and the two other counts; court grants sanctions and dismisses the Third Suit as time-barred on malicious prosecution and barred by collateral estoppel for the other two; on appeal, court affirms on statute of limitations, reverses on collateral estoppel, remands accordingly; final Amended Order and Judgment issued January 20, 2011.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Malicious prosecution statute of limitations and savings statute trigger | Williams: savings statute not triggered by first suit pleadings being struck | MGE/Harris: savings statute applicable; proper trigger | Nonsuit triggered; savings statute applies; Third Suit time-barred |
| Collateral estoppel for outrageous conduct–fraud and interference claims | Williams: estoppel not apply due to lack of final merits judgment | MGE/Harris: estoppel applies based on prior dismissal | Collateral estoppel does not apply; remand for merits |
| Effect of voluntary dismissal on preclusion and finality | Williams: voluntary dismissal precluded applying estoppel | MGE/Harris: dismissal operates as final preclusion | Voluntary dismissal wiped slate; Second Suit effects not binding; Third Suit allowed |
Key Cases Cited
- Rickner v. Golfinopoulos, 271 S.W.3d 32 (Mo.App. 2008) (nonsuit concept and effect of dismissal under Rule 67.02)
- Rainwater v. Wallace, 174 S.W.2d 835 (Mo.1943) (nonsuit analogies and effect of dismissal on merits)
- Wetmore v. Crouch, 87 S.W.954 (Mo.1905) (definition and effect of nonsuit/dismissal)
- Turner v. Mo.-Ks.-Tx. R. Co., 142 S.W.2d 455 (Mo.1940) (nonsuit meaning and treatment as final disposition)
- Heintz v. Swimmer, 922 S.W.2d 772 (Mo.App.1996) (savings statute applicability limits)
- Britton v. Hamilton, 740 S.W.2d 704 (Mo.App.1987) (savings statute applicability limits)
- Fischer ex rel. Scarborough v. Fischer, 34 S.W.3d 263 (Mo.App.2000) (elements of collateral estoppel in Missouri)
- Stewart v. Liberty Mut. Fire Ins. Co., 349 S.W.3d 381 (Mo.App.2011) (effect of partial adverse ruling and voluntary dismissal on appealability)
- Dowell v. State, 311 S.W.3d 832 (Mo.App.2010) (collateral estoppel framework)