Boswell v. O'Neil
Decision Date | 02 March 2022 |
Docket Number | SD 37077 |
Parties | Johnathan BOSWELL, Appellant, v. Thomas J. O'NEIL, Dwight Bethurem, Amie Boswell Dewane, James B. Boswell, Joseph A. Boswell, and Independent Stave Company, LLC, John Doe(s), and Jane Doe(s), Respondents. |
Court | Missouri Court of Appeals |
ATTORNEY FOR APPELLANT – Timothy J. Lemen, St. Louis, MO.
ATTORNEYS FOR RESPONDENTS – Ben K. Upp, Springfield, MO, James F. Freeman III, Kansas City, MO.
Johnathan Boswell ("Appellant") appeals the judgment in favor of trustees, Thomas J. O'Neil ("O'Neil") and Dwight Bethurem ("Bethurem") (collectively, "trustees"), Amie Boswell Dewane, James B. Boswell, Joseph A. Boswell (collectively, "siblings"), Independent Stave Company, LLC ("ISCO"), and John and Jane Does (collectively, "Respondents") in a trust action involving the Lois K. Boswell Trust dated December 30, 1983 ("the Trust"). The trial court granted summary judgment in favor of Respondents on two grounds: (1) section 456.10-1005's five-year statute of limitations, barring Appellant's breach of trust claim; and (2) the claim preclusion doctrine, barring all other claims.1 Appellant raises five points on appeal. Finding no merit in Appellant's points, we affirm the judgment.
In 1983, Lois K. Boswell ("Lois") executed the Trust for the benefit of her adult son and his children, including Appellant and siblings.2 The Trust provided Appellant and siblings with one share apiece to be administered as separate trust estates for each child with full distribution of the principal to be made on his or her 29th birthday. Pursuant to the terms of the Trust, Appellant's interest in the Trust terminated no later than his 29th birthday on June 19, 2012.
Lois died in 2001. Following Lois's death, Appellant was involved in two civil cases involving members of the Boswell family and ISCO Holding Company in Florida, which settled in 2006 (the "2006 Severance and Settlement Agreement").3
As a result of that settlement, Appellant was paid in excess of $8,680,898.20.
In December 2019, Appellant sued siblings, trustees, and ISCO in Missouri. His petition asserted claims for a breach of trust agreement against all Respondents, tortious interference with an inheritance expectancy against all Respondents, unjust enrichment against siblings, ISCO, and John and Jane Doe, and money had and received against siblings, ISCO, and John and Jane Doe. Appellant alleged the trustees withheld or concealed information related to his beneficial interest in the Trust and that Trust assets were redistributed to siblings and ISCO.4 Respondents filed their answer and raised the affirmative defenses of section 456.10-1005 ’s statute of limitations, claim preclusion, and accord and satisfaction.
Respondents moved for summary judgment on all claims in Appellant's petition.5 In the motion for summary judgment, Respondents argued that they were entitled to judgment as a matter of law because:
Respondents’ joint summary judgment motion was accompanied by a 14-paragraph statement of uncontroverted material facts. Appellant filed the following response to Respondents’ statement of uncontroverted material facts:
The trial court granted Respondents’ motion for summary judgment, finding "that as a matter of law § 456.10-1005 is the appropriate statute of limitations and [Appellant's breach of trust count] is time barred." The trial court "also [found] that the claim preclusion doctrine bars all other claims made by [Appellant]." Appellant appeals from that summary judgment in five points.
To continue reading
Request your trial-
Bray v. Wells Fargo Home Mortg., Inc.
...(2) complain on appeal about an alleged error in which he joined, acquiesced or invited by his conduct at trial." Boswell v. O'Neil, 643 S.W.3d 655, 663 (Mo. App. S.D. 2022) (internal quotation omitted). When granting summary judgment to Wells Fargo on the Counterclaim, the circuit court he......
-
Bray v. Wells Fargo Home Mortg.
...granting summary judgment to Wells Fargo on the Counterclaim, the circuit court held Bray to his admission regarding the Deed of Trust. See id. We are persuaded the circuit court properly concluded that the validity of Wells Fargo's Deed of Trust was uncontroverted on several grounds, given......
-
Bray v. Wells Fargo Home Mortg.
...granting summary judgment to Wells Fargo on the Counterclaim, the circuit court held Bray to his admission regarding the Deed of Trust. See id. We are persuaded the circuit court properly concluded that the validity of Wells Fargo's Deed of Trust was uncontroverted on several grounds, given......