Hearod v. Baggs

• Decision Date: 23 August 2005
• Docket Number: No. 26703.,26703.
• Citation: 169 S.W.3d 198
• Parties: Jimmy HEAROD, Jr. and Nikki Hearod, Plaintiffs-Respondents, v. Margie BAGGS, Defendant-Appellant.
• Court: Missouri Supreme Court

169 S.W.3d 198

Jimmy HEAROD, Jr. and Nikki Hearod, Plaintiffs-Respondents, v. Margie BAGGS, Defendant-Appellant.

No. 26703.

Missouri Court of Appeals, Southern District, Division Two.

August 23, 2005.

COPYRIGHT MATERIAL OMITTED

Corey M. Swischer, Nevada, MO, for Appellant.

James V. Nichols, Lamar, MO, for Respondents.

JEFFREY W. BATES, Chief Judge.

Plaintiffs Jimmy and Nikki Hearod ("the Hearods") brought an ejectment action against defendant Margie Baggs ("Margie").¹ In Margie's answer, she asserted the affirmative defense of adverse possession. The Hearods filed a motion for summary judgment, which the trial court granted. Margie contends summary judgment was inappropriate because genuine issues of material fact exist that require a trial to resolve. We agree. The judgment of the trial court is reversed, and the case is remanded.

I. Facts and Procedural History

In February 2004, the Hearods filed a petition for ejectment against Margie. The petition alleged that: (1) the Hearods were the fee simple owners of a tract of land identified by its legal description; (2) Margie resided in a mobile home located upon this real estate; (3) she had refused the Hearods' demand to remove the mobile home from the premises; and (4) the Hearods were sustaining $10.00 per day in damages due to Margie's unlawful possession of the real estate. In due course, Margie filed an answer admitting that she resided in a mobile home on the real estate. All other allegations in the petition were denied. The answer also contained a counterclaim alleging that Margie had acquired ownership by adverse possession of a lot, 100 feet by 75 feet in dimension, on which her mobile home was located.² Margie asked the trial court to enter a judgment quieting title to this lot to her.

In June 2004, the Hearods filed a motion for summary judgment. The motion alleged that the Hearods were entitled to summary judgment because "[t]here is no genuine issue of material fact in that [Margie] has admitted that her entry upon and use of the land was permissive; [Margie] has never paid real estate taxes on the property and [Margie] has affirmatively represented to the Barton County Assessor that she does not own the real estate." A five-paragraph statement of "uncontroverted material facts" was attached to the motion:

1. [Margie] placed her mobile home upon the real estate when Vernon Baggs and Rella Baggs, [Margie's] son and daughter in law, were owners of the property and with the knowledge and consent of Vernon and Rella Baggs. (See Deposition page 8, lines 17-25)

2. That [Margie] remained upon the real estate with the consent of the record owners until on or about October 13, 2003. (See Deposition page 11, lines 17-25) 3. That [Margie] has never paid the real estate taxes on the real estate. (See Deposition page 10, lines 5-10)

4. That [Margie's] assessment sheet submitted by [Margie] to the Barton County Assessor affirmatively states that [Margie] does not own or claim to own the real estate, but that Rella Baggs is the owner of the real estate. (See Deposition page 11 and Deposition Exhibit 1)

5. That [Margie] admitted in her deposition that she did not own the real estate. (See Deposition page 11, lines 6-7)

Copies of Margie's deposition and her deposition exhibits were attached to the Hearods' motion.

In Margie's response, she asserted that summary judgment could not be granted because there was a genuine issue of material fact as to whether the Hearods' predecessors in interest actually had title to the lot where Margie resided in her mobile home. The response included a list of the following "controverted material facts" upon which Margie relied in opposing the motion for summary judgment:

1. At the time [Margie] placed her trailer on the real estate in question, her son, Vernon Baggs, had led [Margie] to believe that he had purchased the real estate in question for [Margie] using proceeds from the sale of [Margie's] farm and real estate in Kansas. (See page 7 beginning at line 5 to line 16 on page 8).

2. Vernon Baggs led [Margie] to believe that he was renting the property in question from his Mother, [Margie], and that he in fact needed her permission to stay on the property. In lieu of monthly rent, there was an agreement that Vernon Baggs would pay all real estate taxes on the property. (See page 9, line 19 to line 25)[.]

3. [Margie] had no knowledge that any other person, excluding herself, had a claim of right to the title to the property in question until her son, Vernon Bagg's [sic] death, when her other children went to review the real estate records to determine whether their brother owned any real estate. Only then did [Margie] and her family learn that [Margie] did not have any ownership interest in the property in question according to the real estate records. (See page 15 line 2 to 24).

Margie's response was further supported by five affidavits obtained from members of her family. Margie's deposition testimony and the five affidavits established, for the purpose of opposing the motion for summary judgment, the facts set out below.

Margie's husband died in 1983. Upon his death, Margie became the sole owner of a farm in Barton County, Missouri ("Farm No. 1"). Her son, Vernon, lived in a trailer house on Farm No. 1 with his mother's permission. Margie was not sophisticated in real estate or business matters, and she relied on Vernon to handle such matters for her. In 1986, Margie decided she wanted to sell Farm No. 1 and move to Kansas. Vernon helped Margie sell the farm, and he kept the proceeds from the sale himself. The ostensible purpose for doing so was to keep the money in a lockbox in his home so it would be safe. Vernon then helped his mother purchase a farm in Reno County, Kansas ("Farm No. 2"), using the proceeds from the sale of Farm No. 1. Farm No. 2 had a house on it. Vernon moved into the house. Margie bought a mobile home and placed it on the property to use as her residence.

In 1987, Margie wanted to return to Barton County, Missouri. Farm No. 2 was sold, and the proceeds of the sale were used to purchase another farm in Barton County, Missouri ("Farm No. 3"). Vernon told Margie that she owned Farm No. 3. Margie agreed to let Vernon live in a house on Farm No. 3 if he would pay the real estate taxes on the house and land in lieu of rent. Margie would be responsible only for the personal property taxes and utilities for her trailer house, which she purchased and moved onto Farm No. 3 to use as her residence. Vernon told members of his family that "everything belonged to mom" and explained their arrangement concerning Vernon's obligation to pay the real estate taxes instead of rent. Pursuant to that arrangement, Vernon did pay the real estate taxes on Farm No. 3 each year when they were due. Margie paid her utilities and personal property taxes. Margie resided in her mobile home on Farm No. 3, in the belief that she owned the entire farm, for the next 13 years. She lived in the trailer alone, and she kept the surrounding lot mowed.

At some point not disclosed by the record, Vernon was mortally injured in a house fire. He died of his injuries on March 1, 2001. About one week before Vernon died, Margie attempted to transfer title of all property to which she had added Vernon's name back into Margie's name alone to avoid probate. The day before Vernon died, Margie discovered that Farm No. 3 had been titled in the names of Vernon and Rella. The farm had never been titled in Margie's name at any time.

After Vernon died, Margie continued to live in her mobile home on Farm No. 3. In October 2003, Rella's attorney sent Margie a notice that she had to vacate the premises within approximately 30 days because Farm No. 3 had been sold. Margie, who was 82 years old, refused to do so. In February 2004, the Hearods filed their ejectment action, which led to the trial court's disposition of the matter by summary judgment.³ The trial court decided that "[Margie] as a matter of law cannot establish title by adverse possession in that [Margie's] entry upon and use of the property was permissive." This appeal followed.

II. Standard of Review

In determining whether the trial court properly granted summary judgment, we employ a de novo standard of review. City of Springfield v. Gee, 149 S.W.3d 609, 612 (Mo.App.2004). Therefore, we do not defer to the trial court's order granting summary judgment. Murphy v. Jackson Nat'l Life Ins. Co., 83 S.W.3d 663, 665 (Mo.App.2002). Instead, we use the same criteria the trial court should have employed in initially deciding whether to grant summary judgment. Stormer v. Richfield Hospitality Services, Inc., 60 S.W.3d 10, 12 (Mo.App.2001). "The propriety of summary judgment is purely an issue of law." ITT Commercial Finance Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993). We view the record in the light most favorable to the party against whom judgment was entered, and we accord that party the benefit of all inferences which may reasonably be drawn from the record. Id.

III. Discussion and Decision

Rule 74.04 distinguishes between motions for summary judgment filed by a "claimant" and by a "defending party." Rule 74.04(a), (b); ITT, 854 S.W.2d at 380.⁴ In deciding a movant's entitlement to judgment as a matter of law, it makes a significant difference whether the movant is a claimant or a defending party. ITT, 854 S.W.2d at 381. A "claimant" is defined as "a party seeking to recover upon a claim. . . ." Rule 74.04(a); see ITT, 854 S.W.2d at 380. Here, the Hearods were claimants because they were seeking to eject Margie from real estate the Hearods allegedly had a right to possess. Margie denied that the Hearods owned the property, and she also asserted the affirmative defense of adverse possession against them. Accordingly, the Hearods had to meet the following requirements in order to be entitled to judgment as a matter of law:

A claimant must establish...