Betts-Lucas, v. Hanson, Comm. Of the Office Of Admin.
| Citation | 31 S.W.3d 484 |
| Parties | (Mo.App. W.D. 2000) . Elmonia Betts-Lucas, Appellant v. Richard A. Hanson, Commissioner of the Office of Administration and Robert Holden, State Treasurer, Respondents. Case Number: WD58034 Missouri Court of Appeals Western District Handdown Date: |
| Decision Date | 07 November 2000 |
| Court | Court of Appeal of Missouri (US) |
Appeal From: Circuit Court of Cole County, Hon. Byron Kinder
Counsel for Appellant: Andrew H. McCue
Counsel for Respondent: Robert Presson
Opinion Summary:
Elmonia Betts-Lucas' brother died while confined at a Department of Health facility. An employee of the facility, Rick Hartgrave, pleaded guilty to involuntary manslaughter for recklessly causing the death. Betts-Lucas sued Hartgrave for the wrongful death of her brother and received a judgment against Hartgrave. Betts-Lucas thereafter filed a declaratory judgment action against Richard A. Hanson, Commission of the Office of Administration, and Robert Holden, State Treasurer, seeking the circuit court's determination that the State Legal Expense Fund, section 105.711, et seq., RSMo 1994 and Cum. Supp. 1999, should pay the amount of the wrongful death judgment. When Betts-Lucas filed a motion for summary judgment in the declaratory action, the circuit court denied Betts-Lucas' motion for summary judgment and entered summary judgment for Hanson and Holden. Betts-Lucas appeals.
REVERSED AND REMANDED.
Division holds: The denial of a summary judgment motion is not an appealable order. To the extent that Betts-Lucas appeals the denial of her motion for summary judgment, we will not review this claim. The problem in this case, however, is that the circuit court entered summary judgment for Hanson and Holden even though Hanson and Holden did not file a cross-motion for summary judgment. We find no such authority given to the circuit court to enter summary judgment for a non-moving party when the non-moving party does not file a cross-motion for summary judgment. Because the circuit court did not have before it a cross-motion for summary judgment from Hanson and Holden, it could not enter summary judgment in their favor. We, therefore, reverse the circuit court's granting of summary judgment in favor of Hanson and Holden and remand for further proceedings.
Elmonia Betts-Lucas' brother died while confined at a Department of Health facility. An employee of the facility, Rick Hartgrave, pleaded guilty to involuntary manslaughter for recklessly causing the death. Betts-Lucas sued Hartgrave for the wrongful death of her brother and obtained a judgment against Hartgrave. Betts-Lucas later filed a declaratory judgment action against Richard A. Hanson, commissioner of the Office of Administration, and Robert Holden, state treasurer, seeking the circuit court's determination that the State Legal Expense Fund, section 105.711, et seq., RSMo 1994 and Supp. 1999, should pay the amount of the wrongful death judgment.
When Betts-Lucas filed a motion for summary judgment in the declaratory action, the circuit court denied Betts-Lucas' motion for summary judgment and entered summary judgment for Hanson and Holden. The court held that Hanson and Holden were not bound by the judgment entered against Hartgrave in the wrongful death action. The court decided that a conflict of interest existed between Hartgrave and the State of Missouri regarding the nature of Hartgrave's conduct and whether he would be covered by the State Legal Expense Fund. The court concluded that Hanson, Holden and the state did not have a full and fair opportunity to litigate that issue in the wrongful death action. The circuit court also concluded:
Hartgrave was not entitled to representation or coverage in the wrongful death action against him because his striking and choking Walter Betts, thereby causing Betts' death,...
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