National Heritage Life Insurance Co. v. Frame

41 S.W.3d 544, 2001 Mo. App. LEXIS 51, 2001 WL 37708
CourtMissouri Court of Appeals
DecidedJanuary 16, 2001
DocketNo. ED 77741
StatusPublished
Cited by5 cases

This text of 41 S.W.3d 544 (National Heritage Life Insurance Co. v. Frame) 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
National Heritage Life Insurance Co. v. Frame, 41 S.W.3d 544, 2001 Mo. App. LEXIS 51, 2001 WL 37708 (Mo. Ct. App. 2001).

Opinion

PAUL J. SIMON, Judge.

Richard R. Frame (Frame) and Bill L. Bruce (Bruce) (collectively Appellants) appeal from a summary judgment of the Circuit Court of St. Louis County in favor of National Heritage Life Insurance Company (National Heritage), in liquidation, in its action to recover on a guaranty executed by Appellants in favor of Victoria Savings Association (Victoria), which was later transferred to the Resolution Trust Corporation (RTC) as receiver, a predecessor in interest of National Heritage.

Each appellant filed briefs setting forth separate points. Frame contends that the trial court erred in granting summary judgment because: (1) National Heritage failed to prove that an assignment or transfer of RTC’s interest in fact occurred; (2) the holding in Williams v. National Housing Exchange, Inc., et al., Civil Action 95 C 4243 (Williams), that National Heritage owned the instruments executed by and on behalf of South Pointe Associates (South Pointe), including the guaranty, is not binding on Appellants in that they were not a party in that action and the issue of whether the South Pointe instruments were among those transferred by South Star Management Company, Inc. (South Star) to National Housing Exchange, Inc. (National Housing) was never fully and fairly litigated by any party in that action. In his third point, Frame contends the trial court erred in denying summary judgment to Appellants on the ground of statute of limitations because under the federal limitations statute an action brought by RTC or its assignee must be brought within the longer of six years or the period provided by applicable state law and the applicable state law is the four-year period provided by Texas law, and suit was not filed until more than six years after RTC took possession of the guaranty. In his fourth and final point, Frame contends the trial court erred in granting summary judgment to National Heritage because it failed to meet its burden, as the party asserting a claim under an alleged assignment of an alleged debt, to prove that there was money owed by South Pointe and the guarantors to Victoria, and if so, to prove the amount owed.

In his points, Bruce contends the trial court erred in: (1) granting National Heritage’s motion for summary judgment and denying Appellants’ motion for summary judgment because the four-year statute of limitations applicable to National Heri[547]*547tage’s claim for money allegedly owed to it pursuant to the guaranty expired on May 22, 1993, whereas National Heritage did not file its lawsuit until November 12, 1998; and (2) granting National Heritage’s motion for summary judgment because there are genuine issues of material fact regarding: (a) Appellants’ obligation to pay National Heritage the principal sum of $419,081.56 plus accrued interest pursuant to the terms of the guaranty because National Heritage failed to adduce probative evidence that Victoria actually made the advances on behalf of South Pointe to Franklin Savings Association (Franklin); and (b) National Heritage’s status as the real party in interest to assert a claim on Appellants’ guaranty by virtue of National Heritage’s failure to substantiate that it was the bona fide assignee of Victoria’s right to enforce Appellants’ guaranty for payments made by Victoria on behalf of South Pointe. We reverse and remand with directions.

Our review of a trial court’s grant of summary judgment is essentially de novo. ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp., 854 S.W.2d 371, 376 (Mo.banc 1993). We will review such a judgment in the light most favorable to the party against whom judgment was rendered. Id. We will take as true all facts set forth by affidavit or otherwise in a party’s motion unless contradicted by the non-moving party’s response. Id.

In 1985 South Pointe, a Missouri limited partnership, entered into various financial agreements regarding South Pointe Apartments (Apartments), an apartment complex located in St. Louis County. Appellants were general partners of South Pointe. Initially, South Pointe obtained financing for the construction of Apartments through the issuance of bonds by the Industrial Development Authority of St. Louis County (IDA). The IDA bonds were secured, in part, by an irrevocable letter of credit issued by Franklin, in the state of Kansas. Franklin’s letter of credit, in turn, was secured in part by a Facility Agreement executed by South Pointe on behalf of Franklin whereby South Pointe promised to reimburse Franklin for drawings made under the letter of credit. The letter of credit was further secured in part by collateral pledged by Victoria, in Victoria County, Texas, pursuant to a Collateral Pledge Agreement between the two savings associations. To persuade Victoria to pledge its collateral in favor of South Pointe, South Pointe entered into a Reimbursement and Indemnity Agreement (Reimbursement Agreement) with Victoria. Under the Reimbursement Agreement, South Pointe promised to reimburse Victoria in the event that Victoria was called upon to advance funds to Franklin on behalf of South Pointe because of South Pointe’s failure to meet its financial obligations to Franklin under the Facility Agreement. Additionally, Appellants personally executed an Unconditional Guaranty of Payment and Performance (Guaranty) of the Reimbursement Agreement in favor of Victoria.

On June 28, 1989, the Federal Savings and Loan Insurance Corporation, predecessor of RTC, was appointed sole receiver for Victoria, at which time Victoria’s interests were transferred to RTC as a matter of law.

National Heritage filed its petition as successor in interest to the rights of Victoria, through RTC, in the St. Louis County Circuit Court on November 12, 1998, as amended by interlineation on February 8, 2000, to update the alleged damages. National Heritage alleges that South Pointe failed to pay Franklin pursuant to the Facility Agreement between the two and that Victoria cured South Pointe’s default [548]*548by making an advance to Franklin on South Pointe’s behalf. National Heritage further alleges that South Pointe defaulted on its Reimbursement Agreement with Victoria by failing to repay the advances and, on the Guaranty, seeks reimbursement of the advanced funds, interest accrued thereon, attorneys fees, and costs of collection. After a number of extensions, Frame filed his answer on March 1, 1999, and Bruce filed his answer on March 8, 1999. Both answers denied liability on the Guaranty and raised as an affirmative defense, the bar of National Heritage’s claim by the applicable statute of limitations. Later, on March 3, 2000, Appellants amended their respective answers by in-terlineation with leave, alleging that the four-year Texas statute of limitation was the applicable statute of limitations pursuant to the “alleged agreement” or to Section 516.190 RSMo 1994 (all further references herein shall be to RSMo 1994 unless otherwise indicated) because the cause of action arose and accrued in Texas.

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Bluebook (online)
41 S.W.3d 544, 2001 Mo. App. LEXIS 51, 2001 WL 37708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-heritage-life-insurance-co-v-frame-moctapp-2001.