Walton v. City of Berkeley, No. SC 87996.

• Court: Missouri Supreme Court
• Writing for the Court: Daniel E. Scott
• Citation: 223 S.W.3d 126
• Docket Number: No. SC 87996.
• Decision Date: 15 May 2007
• Parties: Elbert A. WALTON, Jr., Respondent, v. The CITY OF BERKELEY, Appellant.

223 S.W.3d 126 Elbert A. WALTON, Jr., Respondent,
v.
The CITY OF BERKELEY, Appellant. No. SC 87996. Supreme Court of Missouri, En Banc. May 15, 2007.

[223 S.W.3d 127]

Donnell Smith, St. Louis, for Appellant.

Elbert A. Walton, Jr., Bernard F. Edwards, Jr., St. Louis, for Respondent.

DANIEL E. SCOTT, Special Judge.

The City of Berkeley appeals a judgment for $181,049 in favor of Elbert A. Walton, Jr., on Walton's claims for compensation relating to his service as city attorney. After opinion by the Court of Appeals, Eastern District, a dissenting judge certified the appeal to this Court. Mo. Const. art. V, sec. 10. The judgment is reversed, and the case is remanded.

I.

Walton was appointed city attorney for the City of Berkeley in November 1996, upon the acting city manager's recommendation and after a city council vote. On three later occasions, the city manager recommended that Walton be removed from the position. In May 1999, after the third recommendation, Walton was discharged.

Walton sued the City in January 2001. Count I of his two-count petition alleged his "wrongful removal" as city attorney. Count II alleged the City had breached its 1997 and 1998 contracts with Walton. Both counts sought money damages for unpaid monthly retainers, fees for "extraordinary" or additional services, and expense reimbursement.

Before the jury heard any evidence at trial, the court sua sponte determined that Walton's "wrongful removal" claim was equitable

223 S.W.3d 128

in nature, so the jury would decide Count II, and the court would decide Count I. After hearing Walton's evidence, the court directed a verdict dismissing Count II because it found the contracts were never lawfully executed and thus unenforceable under the law. The court then dismissed the jury over the City's objection, heard the City's evidence on Count I, and awarded Walton $156,049 in retainers, expenses, and extraordinary fees, despite finding that Walton had failed to prove he was unlawfully discharged.

The City appealed, Walton cross-appealed, and Walton's money judgment was overturned. Walton v. City of Berkeley, 118 S.W.3d 617 (Mo.App.2003)(Walton I). The trial court lacked equitable jurisdiction since Walton "did not plead or present any evidence that there was not an adequate remedy at law for the cause of action raised in Count I of his petition" and sought only money damages. Id. at 621. Walton's cross-appeal — in which he did not challenge the trial court's dismissal of Count II — was denied. Id. at 621-22. The court's mandate reversed and remanded the case for further proceedings on Count I, but affirmed the trial court's judgment in all other respects.

On remand, the trial court directed a verdict dismissing Count I as well, finding "insufficient pleadings and insufficient proof of a valid written contract which complies with Section 432.070 RSMO. . . . This Section requires that a written, detailed, and authorized contract is a prerequisite to [Walton's] recovery." The court denied, as untimely, Walton's motion to amend his petition. On appeal, in Walton v. City of Berkeley, 158 S.W.3d 260 (Mo.App.2005)(Walton II), the court of appeals noted "some confusion as to what Walton was asking for in Count I of his petition and an amended petition could have cured any deficiencies and confusion," and ruled the trial court abused its discretion in denying Walton leave to amend. Id. at 264.

On remand after Walton II, Walton filed an amended petition, styled "FIRST AMENDED PETITION FOR INJUNCTION, REINSTATEMENT AND FOR BACK PAY FOR WRONGFUL REMOVAL OF CITY ATTORNEY." It essentially combined Walton's prior Count I and Count II allegations into a single count, continued to seek similar money damages, but also prayed to enjoin the City from enforcing Walton's termination as city attorney. Solely on the record of the first trial, and hearing no new evidence, the trial court ruled Walton's 1997 contract — twice previously declared unenforceable by the same court on the same record — was enforceable "under the doctrine of substantial compliance," and awarded Walton money damages of $181,049.

On appeal, this Court must affirm the trial court's decision unless it is unsupported by substantial evidence, against the weight of the evidence, or erroneously declares or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). The Court views the evidence and all reasonable inferences in the light most favorable to the judgment and disregards all evidence and inferences to the contrary. Id.

II.

The City's primary argument is that the trial court cannot now award damages on a contract that it already declared unenforceable, because of res judicata and "law of the case." The two doctrines are similar, but the latter more aptly fits the City's argument, as it involves relitigation of an issue within the same pending case.

The doctrine of law of the case provides that a previous holding in a case constitutes the law of the case and precludes

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relitigation of the issue on remand and subsequent appeal. State v. Graham, 13 S.W.3d 290, 293 (Mo. banc 2000); Rodriguez v. Suzuki Motor Corp., 996 S.W.2d 47, 61 (Mo. banc 1999). The doctrine governs successive adjudications involving the same issues and facts. Shahan v. Shahan, 988 S.W.2d 529, 533 (Mo. banc 1999). Generally, the decision of a court is the law of the case for all points presented and decided, as well as for matters that arose prior to the first adjudication and might have been raised but were not. Graham, 13 S.W.3d at 293; Shahan, 988 S.W.2d at 533.

State ex rel. Alma Telephone Co. v. Public Service Comm'n, 40 S.W.3d 381, 388 (Mo. App.2001). See also Williams v. Kimes, 25 S.W.3d 150, 153-54 (Mo. banc...