Holley v. Caulfield

49 S.W.3d 747, 2001 Mo. App. LEXIS 1189, 2001 WL 740554
CourtMissouri Court of Appeals
DecidedJune 29, 2001
DocketNo. ED 77719
StatusPublished
Cited by9 cases

This text of 49 S.W.3d 747 (Holley v. Caulfield) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holley v. Caulfield, 49 S.W.3d 747, 2001 Mo. App. LEXIS 1189, 2001 WL 740554 (Mo. Ct. App. 2001).

Opinion

MOONEY, Presiding Judge.

Joseph Caulfield and Donald Nangle (Defendants) appeal from a jury verdict awarding E.J. Holley (Holley) $46,845.05 in his suit for malicious prosecution against Defendants. The Defendants further appeal the trial court’s dismissal of their abuse-of-process counterclaims for failure to state a cause of action. We shall only address two of Defendants’ claims of error because they are dispositive of all issues on appeal.

Defendants contend the trial court erred in denying their motions for directed verdict and judgment notwithstanding the verdict (JNOV) and entering judgment for Holley because Holley failed to make a submissible malicious prosecution case against either Defendant, and in dismissing Defendants’ abuse-of-process counterclaims for failure to state a cause of action. Because we find Defendants had probable cause to file and continue their prior quiet-title suit, we reverse the judgment rendered in the malicious prosecution action. Because we find Defendants’ abuse-of-process claim conclusory, we affirm the trial court’s dismissal of the counterclaim.

This dispute arose from two overlapping deeds that sought to convey good title to the same parcel of land. During the summer of 1987, Caulfield purchased a 167 acre-tract of land from James Michael O’Day (Michael O’Day), conveyed by warranty deed. Prior to the purchase, Caul-field contacted a title company to trace title, and the company determined that fee simple absolute to the property vested in Michael O’Day. From 1987 until 1994, Caulfield’s son established a residence on the property and Caulfield paid the annual real estate taxes.

In October or early November 1994, Wayne County Title Company advised Caulfield that Michael O’Day did not own all the property conveyed by the warranty deed, and that Holley claimed title to an 11.8 acre tract of the land (Holley Property). The title dispute was discovered when Holley attempted to pledge the property as collateral, and the title company advised Holley of the overlapping deeds. Caulfield hired attorney Nangle to represent him in this matter, who advised Caulfield to file a quiet-title suit. Caulfield agreed, and a quiet-title action was filed naming Holley as a party defendant.

After Nangle filed Caulfield’s quiet-title action, Caulfield received a letter from attorney L. Dwayne Hackworth (Hack-worth), stating that the Wayne County Title Company researched the chain of title for the property in dispute and discovered that Holley maintained superior title to the 11.8 acres of disputed land. Hack-worth provided copies of relevant deeds in his correspondence with Caulfield, as well as a quit-claim deed for Caulfield to sign. Caulfield, however, did not sign and proceeded with his quiet-title action. In response to Caulfield’s quiet-title lawsuit, Holley filed a counterclaim alleging Holley’s right to the disputed land on an adverse possession theory.

Caulfield’s quiet-title action went to trial in September 1995, and judgment was entered in favor of Caulfield and against Michael O’Day in the sum of $4,388.61. The judgment also stated that Holley was [750]*750the fee simple owner of the Holley Property upon the finding “[t]hat Defendant, E. J. Holley, and his predecessors in title have been in the actual, exclusive, notorious and adverse possession of the ‘Holley Property’ for more than 31 years prior to the 16th of December, 1994.”

After judgment was entered, Holley filed a petition alleging Defendants were guilty of malicious prosecution for filing and pursuing their meritless quiet-title action. Defendants filed abuse-of-process counterclaims, which were dismissed by the trial court for failure to state a cause of action. In January 2000, a jury awarded Holley $46,845.05 in actual damages on his malicious prosecution claim. Defendants filed a motion for JNOV, or alternatively, a new trial, which was denied. Defendants then filed this timely appeal.

Submissibility of Holley’s Malicious Prosecution Claim

Defendants’ first contention on appeal is that the trial court erred in denying Defendants’ motions for directed verdict and JNOV and in entering judgment against Defendants because Holley failed to make a submissible malicious prosecution case against either Defendant. We agree.

The denial of a motion for JNOV presents the same issue as a motion for directed verdict. The question in both cases is whether plaintiff has made a sub-missible case. Wells v. Orthwein, 670 S.W.2d 529, 532 (Mo.App. E.D.1984). A submissible case requires substantial evidence for every fact essential to liability. Steward v. Goetz, 945 S.W.2d 520, 528 (Mo.App. E.D.1997). “Substantial evidence is that which, if true, has probative force upon the issues, and from which the trier of facts can reasonably decide a case.” Davis v. Board of Educ. of City of St. Louis, 963 S.W.2d 679, 684 (Mo.App. E.D.1998), quoting Hurlock v. Park Lane Medical Cntr., Inc., 709 S.W.2d 872, 880 (Mo.App. W.D.1985). The questions of whether evidence in a case is substantial and whether inferences drawn are reasonable are questions of law. Hurlock, 709 S.W.2d at 872.

In determining whether a plaintiff has made a submissible case, we review the evidence in the light most favorable to the plaintiff and give the plaintiff the benefit of all reasonable and favorable inferences to be drawn from the evidence. Eidson v. Reproductive Health Svcs., 863 S.W.2d 621, 626 (Mo.App. E.D.1993). We disregard all of defendant’s evidence that does not support the plaintiffs case. Feely v. City of St. Louis, 898 S.W.2d 708, 709 (Mo.App. E.D.1995). Moreover, because “the establishment of want of probable cause involves proving a negative, slight proof thereof is all that is required to make a prima facie case.” Haswell v. Liberty Mut. Ins. Co., 557 S.W.2d 628, 633 (Mo. banc 1977). Nevertheless, we do not supply missing evidence or give the plaintiff the benefit of unreasonable, speculative, or forced inferences. Feely, 898 S.W.2d at 709. The plaintiffs evidence and inferences must establish every element and not leave any issue to speculation. Steward, 945 S.W.2d at 528.

Actions in malicious prosecution have never been favorites of the law. Sanders v. Daniel Intern. Corp., 682 S.W.2d 803, 807 (Mo. banc 1984). Therefore, in order for Holley to make a submis-sible case for malicious prosecution claims, he must provide “strict and clear proof’ of the following six elements: (1) the commencement of an earlier suit against plaintiff, (2) instigation of the suit by defendant, (3) termination of the suit in plaintiffs favor, (4) lack of probable cause for the suit, (5) malice by defendant in instituting the suit, and (6) damages to plaintiff re-[751]*751suiting from the suit. Integra a Hotel and Restaurant Co. v. Ragan,

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49 S.W.3d 747, 2001 Mo. App. LEXIS 1189, 2001 WL 740554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holley-v-caulfield-moctapp-2001.