Warren County Concrete v. Peoples Bank & Trust Co., ED 94936.
| Decision Date | 12 April 2011 |
| Docket Number | No. ED 94936.,ED 94936. |
| Citation | 340 S.W.3d 289 |
| Parties | WARREN COUNTY CONCRETE, L.L.C., Appellant,v.PEOPLES BANK & TRUST CO., Warren County Title And Abstract Company, Warren County Title Company, and Hunt Concrete Company, Inc., Respondents. |
| Court | Missouri Court of Appeals |
340 S.W.3d 289
WARREN COUNTY CONCRETE, L.L.C., Appellant,
v.
PEOPLES BANK & TRUST CO., Warren County Title And Abstract Company, Warren County Title Company, and Hunt Concrete Company, Inc., Respondents.
No. ED 94936.
Missouri Court of Appeals, Eastern District, Division Two.
April 12, 2011.
[340 S.W.3d 289]
Michael J. Schmid, Jefferson City, MO, For Appellant.Dale E. Cope, Carla A. Schwendemann, Troy, MO, For Respondent, Peoples Band & Trust.Darryl L. Hicks, Warrenton, MO, Walter D. McQuie, Jr., Montgomery City, MO, For Respondent, Abstract Company.
Warren County Concrete, L.L.C. (“WCC”) appeals the judgment of the trial
[340 S.W.3d 290]
court dismissing its claims against Peoples Bank & Trust Co. (“Bank”), and Warren County Title and Abstract Company and Warren County Title Company 1 (collectively referred to herein as “Title Company”) on the grounds that the claims were barred by the statute of limitations.2 We reverse and remand.
The allegations in WCC's first amended petition are as follows: WCC entered into a contract with Hunt Concrete Company, Inc. (“Hunt Concrete”) to purchase certain real estate. The property was encumbered by a deed of trust securing a note held by Bank and executed by Hunt Concrete. Title Company acted as the closing agent for WCC's purchase of the property, and was responsible for obtaining a payoff amount for the note and a deed of release from Bank, releasing Bank's deed of trust on the property. WCC closed on the purchase of the property on October 31, 2003.
Although Title Company subsequently delivered a check to Bank to pay off the note, Bank failed to execute and deliver a deed of release on the property. On July 27, 2009, WCC received a notice of a trustee's sale of the property it had purchased and believed to be unencumbered. Thereafter, on November 18, 2009, WCC filed the instant action against Bank, Title Company, and Hunt Concrete alleging various counts against each defendant. WCC alleged Bank recorded a deed of release on separate real estate, unrelated to WCC's property. WCC also alleged Title Company failed to ensure Bank recorded the deed of release. Bank and Title Company each filed a motion to dismiss, arguing that WCC's claims against them were barred by the statute of limitations. The trial court granted both motions, dismissing WCC's claims against Bank and Title Company because the claims were barred by the statute of limitations. WCC appeals.
“Whether the statute of limitations applies to an action is a question of law that is reviewed de novo.” Branstad v. Kinstler, 166 S.W.3d 134, 135 (Mo.App. W.D.2005). If the statute of limitations is asserted in a motion to dismiss, the cause of action should not be dismissed unless the petition clearly establishes on its face and without exception that the cause is time barred. Id. In reviewing the grant of a motion to dismiss, we take as true the facts alleged in the petition. Id. at 137.
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...has committed a legal wrong which may result in harm to the plaintiff." Warren Cty. Concrete, L.L.C. v. Peoples Bank & Trust Co. , 340 S.W.3d 289, 291 (Mo. App. E.D. 2011). At that point, the limitations period begins to run. Under the continuing-wrong exception to traditional accrual, "eac......
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...another individual has committed a legal wrong which may result in harm to the plaintiff." Warren County Concrete, L.L.C. v. Peoples Bank & Trust Co. , 340 S.W.3d 289, 291 (Mo. App. E.D. 2011). At that point, the limitations period begins to run. "Missouri uses a reasonable person standard:......
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