Armistead v. a.L.W. Group, ED79186

CourtCourt of Appeal of Missouri (US)
Writing for the CourtPER CURIAM
Citation60 S.W.3d 25
PartiesRobert Armistead, Jr., Appellant, v. A.L.W. Group, A Limited Partnership, Mark A. Witt, Steven L. Witt and Larry D. Witt, Respondent. ED79186 Missouri Court of Appeals Eastern District
Docket NumberED79186
Decision Date09 October 2001

Robert Armistead, Jr., Appellant,
v.
A.L.W. Group, A Limited Partnership, Mark A. Witt, Steven L. Witt and Larry D. Witt, Respondent.

ED79186

Missouri Court of Appeals Eastern District

10/09/2001


Appeal From: Circuit Court of Franklin County, Hon. Jeff W. Schaeperkoetter

Counsel for Appellant: Cynthia S. Holmes

Counsel for Respondent: Timothy J. Melenbrink

Opinion Summary:

Robert G. Armistead, Jr., appeals the court's judgment dismissing his petition for dissolution of partnership, accounting, breach of contract and punitive damages against the A.L.W. Group and the individual members of the partnership (collectively, "A.L.W."). The court determined that the petition was time-barred because the five-year statute of limitations set forth section 516.120.1 RSMo 2000 applied instead of the ten-year statute set forth in section 516.110.1.

Division Three holds: (1) Armistead's claims for breach of contract and punitive damages are governed by the ten-year statute of limitations set forth in section 516.110.1; (2) Armistead's claims for dissolution of the partnership and an accounting are governed by section 516.110.1; (3) Armistead's third point on appeal is moot given the disposition of Points I and II.

Gaertner, Sr., J., and Ahrens. J., concur.

Richard B. Teitelman, Judge

Robert G. Armistead, Jr., ("Armistead") appeals from a judgment entered by the Circuit Court of Franklin County dismissing his petition for dissolution of partnership, accounting, breach of contract and punitive damages against the A.L.W. Group and the individual members of the partnership (collectively, "A.L.W."). The trial court determined that the petition was time-barred because the five-year statute of limitations set forth in Section 516.120.1 RSMo (2000)(FN1) applied instead of the ten-year statute set forth in Section 516.110.1. We reverse and remand. Factual and Procedural Background

On June 3, 1990, Armistead and several others entered into a limited partnership agreement (the "Agreement") to operate a restaurant and bar in Franklin County, Missouri. Concerned that he was being improperly excluded from the business, Armistead notified A.L.W. of his withdrawal from the partnership on September 20, 1991.

The Agreement provided that upon the withdrawal of a partner, the partnership had two options. First, the remaining partners could elect to purchase the interest of the withdrawing partner. The Agreement provided a means of calculating the value of...

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5 practice notes
  • Eckel v. Eckel, WD 80113
    • United States
    • Court of Appeal of Missouri (US)
    • 27 Febrero 2018
    ...of action is barred by the applicable statute of limitations, the motion to dismiss is properly sustained." Armistead v. A.L.W. Grp. , 60 S.W.3d 25, 26 (Mo. App. E.D. 2001).540 S.W.3d 483AnalysisThe Eckel Plaintiffs argue that the court erred in dismissing Count I (Quiet Title) because the ......
  • Baker v. Century Fin. Grp., Inc., WD 80813
    • United States
    • Court of Appeal of Missouri (US)
    • 24 Abril 2018
    ...of action is barred by the applicable statute of limitations, the motion to dismiss is properly sustained." Armistead v. A.L.W. Grp. , 60 S.W.3d 25, 26 (Mo. App. E.D. 2001). In the context of summary judgment, we will affirm if there is no genuine dispute as to any material fact and the mov......
  • Hartman v. Logan, WD 83039
    • United States
    • Court of Appeal of Missouri (US)
    • 26 Mayo 2020
    ...barred by the applicable statute of limitations, the motion to dismiss is properly sustained.’ " Id. (quoting Armistead v. A.L.W. Grp. , 60 S.W.3d 25, 26 (Mo. App. E.D. 2001) ).It is not fatal to the Plaintiffs' appeal that the points relied on fail to challenge whether the Amended Petition......
  • Armistead v. A.L.W. Group, No. ED 84482.
    • United States
    • Court of Appeal of Missouri (US)
    • 1 Febrero 2005
    ...On appeal, this Court reversed and remanded, holding that the ten-year statute of limitations applied. Armistead v. A.L.W. Group, 60 S.W.3d 25, 26 (Mo.App. E.D.2001). On remand, Armistead voluntarily dismissed his petition. In 2002, Mark and Tina Witt wound-up the partnership and sold the b......
  • Request a trial to view additional results
5 cases
  • Eckel v. Eckel, WD 80113
    • United States
    • Court of Appeal of Missouri (US)
    • 27 Febrero 2018
    ...of action is barred by the applicable statute of limitations, the motion to dismiss is properly sustained." Armistead v. A.L.W. Grp. , 60 S.W.3d 25, 26 (Mo. App. E.D. 2001).540 S.W.3d 483AnalysisThe Eckel Plaintiffs argue that the court erred in dismissing Count I (Quiet Title) because the ......
  • Baker v. Century Fin. Grp., Inc., WD 80813
    • United States
    • Court of Appeal of Missouri (US)
    • 24 Abril 2018
    ...of action is barred by the applicable statute of limitations, the motion to dismiss is properly sustained." Armistead v. A.L.W. Grp. , 60 S.W.3d 25, 26 (Mo. App. E.D. 2001). In the context of summary judgment, we will affirm if there is no genuine dispute as to any material fact and the mov......
  • Hartman v. Logan, WD 83039
    • United States
    • Court of Appeal of Missouri (US)
    • 26 Mayo 2020
    ...barred by the applicable statute of limitations, the motion to dismiss is properly sustained.’ " Id. (quoting Armistead v. A.L.W. Grp. , 60 S.W.3d 25, 26 (Mo. App. E.D. 2001) ).It is not fatal to the Plaintiffs' appeal that the points relied on fail to challenge whether the Amended Petition......
  • Armistead v. A.L.W. Group, No. ED 84482.
    • United States
    • Court of Appeal of Missouri (US)
    • 1 Febrero 2005
    ...On appeal, this Court reversed and remanded, holding that the ten-year statute of limitations applied. Armistead v. A.L.W. Group, 60 S.W.3d 25, 26 (Mo.App. E.D.2001). On remand, Armistead voluntarily dismissed his petition. In 2002, Mark and Tina Witt wound-up the partnership and sold the b......
  • Request a trial to view additional results

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