Warren County Concrete v. Peoples Bank & Trust Co., No. ED 94936.

CourtCourt of Appeal of Missouri (US)
Writing for the CourtGLENN A. NORTON, Presiding Judge.
Citation340 S.W.3d 289
PartiesWARREN 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.
Docket NumberNo. ED 94936.
Decision Date12 April 2011

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.

OPINION
GLENN A. NORTON, Presiding Judge.

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.

I. BACKGROUND

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.

II. DISCUSSION
A. Standard of Review

“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...

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10 practice notes
  • Smock v. Associated Elec. Coop., Inc., WD 81326
    • United States
    • Court of Appeal of Missouri (US)
    • November 13, 2018
    ...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......
  • Eckel v. Eckel, WD 80113
    • United States
    • Court of Appeal of Missouri (US)
    • February 27, 2018
    ...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: a wrong is capable......
  • BIS Investments, LLC v. Bank of America, N.A., Case No. 4:12CV195 CDP
    • United States
    • United States District Courts. 8th Circuit. United States District Court (Eastern District of Missouri)
    • June 12, 2012
    ...3 (Mo. Ct. App. 2009); Mo. Rev. Stat. 516.120(4), as well as for negligence. Warren Cnty. Concrete, L.L.C. v. Peoples Bank & Trust Co., 340 S.W.3d 289, 291 (Mo. Ct. App. 2011); Mo. Rev. Stat. 516.120. Even if BIS's claim for breach of constructive trust is construed as a breach of contract ......
  • Plengemeier v. Thermadyne Indus., Inc., No. ED 99193.
    • United States
    • Court of Appeal of Missouri (US)
    • October 29, 2013
    ...is a question of law that we review de novo. Harris–Laboy, 972 S.W.2d at 524;Warren County Concrete, L.L.C. v. Peoples Bank & Trust Co., 340 S.W.3d 289, 290 (Mo.App. E.D.2011). In ruling on a motion to dismiss, including one based on the bar of a statute of limitations, the trial court is o......
  • Request a trial to view additional results
7 cases
  • Smock v. Associated Elec. Coop., Inc., WD 81326
    • United States
    • Court of Appeal of Missouri (US)
    • November 13, 2018
    ...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,......
  • Eckel v. Eckel, WD 80113
    • United States
    • Court of Appeal of Missouri (US)
    • February 27, 2018
    ...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: a wrong ......
  • Plengemeier v. Thermadyne Indus., Inc., No. ED 99193.
    • United States
    • Court of Appeal of Missouri (US)
    • October 29, 2013
    ...a question of law that we review de novo. Harris–Laboy, 972 S.W.2d at 524;Warren County Concrete, L.L.C. v. Peoples Bank & Trust Co., 340 S.W.3d 289, 290 (Mo.App. E.D.2011). In ruling on a motion to dismiss, including one based on the bar of a statute of limitations, the trial court is ......
  • City of Kan. City v. Archer Daniels Midland Co., WD 81650
    • United States
    • Court of Appeal of Missouri (US)
    • February 26, 2019
    ...wrong which may result in harm to the plaintiff.’ " Id. (quoting Warren Cty. Concrete, L.L.C. v. Peoples Bank & Trust Co. , 340 S.W.3d 289, 291 (Mo. App. E.D. 2011) ). "Missouri uses a reasonable person standard: a wrong is capable of ascertainment when ‘a reasonable person wo......
  • Request a trial to view additional results

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