Goodman v. Wampler, SD31611
| Decision Date | 15 July 2013 |
| Docket Number | No. SD31611,SD31611 |
| Parties | FAITH GOODMAN, Plaintiff-Appellant, v. HOMER D. WAMPLER, et al. Defendants-Respondents. |
| Court | Missouri Court of Appeals |
APPEAL FROM THE CIRCUIT COURT OF GREENE COUNTY
AFFIRMED
Faith Goodman (Goodman) appeals from a judgment which dismissed with prejudice the legal malpractice action she filed against her criminal defense attorney, Homer D. Wampler, and his employer, the Law Offices of Dee Wampler and Joe Passanise (hereinafter referred to individually as Attorney and Law Firm, and collectively as Defendants). We affirm because: (1) Goodman's petition did not allege that she was actually innocent of the charges against her, which is an essential element of her legal malpractice claim; and (2) her claim is barred by collateral estoppel because her convictions for assault and kidnapping have not been set aside through any of the multiple avenues available to a criminal defendant.
I. Factual and Procedural Background
In January 2011, Goodman filed a civil action against Defendants. We summarize below the allegations from the petition that are relevant to this appeal:
Defendants filed a joint motion to dismiss. The motion asserted that the petition should be dismissed because: (1) it failed to state a claim; (2) it was barred by collateral estoppel; and (3) it was barred by the applicable statute of limitations set out in § 516.120. The trial court granted the joint motion and entered judgment againstGoodman. The trial court dismissed Goodman's petition with prejudice without specifying the ground(s) upon which that ruling was based. This appeal followed.
II. Standard of Review
If the trial court does not state the reason for its dismissal of the petition, we will affirm if dismissal was appropriate on any ground asserted by the movant. Robinson v. Hooker, 323 S.W.3d 418, 421 (Mo. App. 2010). Defendants' first ground was that Goodman's petition failed to state a claim for relief because she failed to allege that she was actually innocent of the charges against her. With respect to this ground for dismissal, Defendants' motion was solely a test of the adequacy of the petition. Fleddermann v. Camden County, Missouri Bd. of Adjustment, 294 S.W.3d 121, 124 (Mo. App. 2009). We review that ruling de novo. Huch v. Charter Communications, Inc., 290 S.W.3d 721, 724 (Mo. banc 2009). We accept all of the plaintiff's averments as true and view those allegations in the light most favorable to the plaintiff. Bosch v. St. Louis Healthcare Network, 41 S.W.3d 462, 464 (Mo. banc 2001). We do not attempt to weigh the credibility or persuasiveness of any of the alleged facts. Jennings v. SSM Health Care St. Louis, 355 S.W.3d 526, 530 (Mo. App. 2011). Instead, we review the petition to determine whether the facts alleged are sufficient to plead the elements of a cause of action that is recognized or might be adopted in that case. Id.
Defendants' second ground in the motion was that Goodman's claim was barred by the affirmative defense of collateral estoppel. See Rule 55.08; Hemar Ins. Corp. of America v. Ryerson, 108 S.W.3d 90, 92 (Mo. App. 2003); Ryan v. Ford, 16 S.W.3d 644, 647 (Mo. App. 2000). Defendants argued that Goodman could not prove she was actually innocent because her criminal convictions had not been set aside. To sustain amotion to dismiss based upon collateral estoppel, that defense must be irrefutably established by the pleadings. Murray v. Fleischaker, 949 S.W.2d 203, 205 (Mo. App. 1997).2
III. Discussion and Decision
Goodman presents three points on appeal, but we need address only the third as it is dispositive. In Point III, Goodman argues that her petition should not have been dismissed because: (1) her claim is not barred by collateral estoppel; and (2) the requirement that she plead and prove her actual innocence produces an absurd result. Based upon our review of the relevant case law, we find no merit in these arguments.
State ex rel. O'Blennis v. Adolf, 691 S.W.2d 498 (Mo. App. 1985), was a writ proceeding, the origin of which was a prior criminal trial involving defendant Poole. He had been charged with assault with intent to kill. At trial, Poole was represented by attorney O'Blennis. Poole was found guilty and given a 20-year sentence. Id. at 499. Thereafter, Poole's conviction was set aside in his Rule 27.26 proceeding because O'Blennis provided ineffective assistance at the trial. See Poole v. State, 671 S.W.2d 787, 789 (Mo. App. 1983). Poole then brought a legal malpractice action against O'Blennis. While that civil action was pending, Poole pled guilty to the original assault charge and received a seven-year sentence. After being given credit for time served, he was released from prison. O'Blennis, 691 S.W.2d at 499. In the civil action, O'Blennismoved for summary judgment based upon Poole's guilty plea. After the trial court denied the motion, a preliminary writ was issued. Id. at 500. The eastern district of this Court made the writ absolute because Poole's legal malpractice claim was barred by the doctrine of collateral estoppel. Id. at 501-04. The Court noted that Poole's "factual innocence was an indispensable element of his cause of action." Id. at 503. This requirement was grounded upon the strong public policy of not allowing a person to profit by his own fraud, take advantage of his own wrong or acquire property by his own crime. Id. at 504. The Court reasoned that allowing Poole's legal malpractice lawsuit to continue would shock the public conscience, engender disrespect for the courts and generally discredit the administration of justice. Id. Because Poole's guilty plea to the assault charge established that he was guilty of that offense, he was barred by the doctrine of collateral estoppel from attempting to prove otherwise in his civil malpractice action. Id. at 503-04.
In Johnson v. Raban, 702 S.W.2d 134 (Mo. App. 1985), Johnson was convicted of robbery and given a 25-year sentence. His conviction was affirmed on appeal, and his Rule 27.26 post-conviction motion was denied. Id. at 135. Johnson then brought a legal malpractice action against his criminal defense attorney, Raban. He filed a motion to dismiss asserting collateral estoppel as a defense. The trial court granted the motion and dismissed the petition with prejudice. The eastern district of this Court affirmed the judgment. The Court held that "it is beyond doubt that the present action is interdicted by the doctrine of collateral estoppel." Id. at 136. The Court noted that "public policy dictates that a person convicted of a crime who has failed in his attack upon his conviction both directly and collaterally should not be permitted to recover against hisattorney in a civil malpractice action for damages allegedly arising out of the attorney's handling of his defense." Id. at 138.
In Johnson v. Schmidt, 719 S.W.2d 825 (Mo. App. 1986), Johnson was convicted by a jury of second-degree burglary. His conviction was affirmed on appeal. He then sued his criminal defense attorney, Schmidt, for legal malpractice. Schmidt moved to dismiss the petition for failure to state a claim because, inter alia, Johnson could prove no damages as the result of Schmidt's representation. The trial court granted the motion and dismissed the lawsuit. Id. at 825-26. The western district of this Court held that, in order for Johnson to proceed on his claim of legal malpractice, he first had to allege that the actions or omissions by Schmidt prevented Johnson's acquittal. Because Johnson's petition did not do so, it was properly dismissed. Id. at 826.
In Ahern v. Turner, 758 S.W.2d 108 (Mo. App. 1988), Ahern pled guilty to two counts of involuntary manslaughter. He filed, and then dismissed without prejudice, a motion seeking post-conviction relief. He then sued his criminal defense attorney, Turner, for legal malpractice. In Turner's answer, he asserted collateral estoppel as a defense. That defense was reasserted in a motion for summary judgment. The trial court granted the motion and dismissed the action against Turner. Id. at 108-09. The eastern district of this Court, relying on O'Blennis, affirmed the dismissal of Ahern's lawsuit on the ground of collateral estoppel. Id. at 109-10.
In Kuehne v. Hogan, 321 S.W.3d 337 (Mo. App. 2010), Kuehne was convicted of rape and sodomy. His convictions were affirmed on appeal, and his motion seeking post-conviction relief was denied. He then sued his post-conviction counsel, Hogan, for legal malpractice. Hogan's motion to dismiss asserted that Kuehne's petition failed to state aclaim. The trial court granted the motion and dismissed the case with prejudice. Id. at 339-40. The western district of this Court affirmed. Citing O'Blennis, the majority opinion held that actual innocence was an essential element of Kuehne's cause of action.3 The inclusion of this element promotes Missouri's public policy of not permitting a convicted criminal to profit from his or her own...
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