State, Department of Labor & Industrial Relations v. Ron Woods Mechanical, Inc.

926 S.W.2d 537, 1996 Mo. App. LEXIS 1285, 1996 WL 408553
CourtMissouri Court of Appeals
DecidedJuly 23, 1996
DocketWD 51740
StatusPublished
Cited by11 cases

This text of 926 S.W.2d 537 (State, Department of Labor & Industrial Relations v. Ron Woods Mechanical, Inc.) 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
State, Department of Labor & Industrial Relations v. Ron Woods Mechanical, Inc., 926 S.W.2d 537, 1996 Mo. App. LEXIS 1285, 1996 WL 408553 (Mo. Ct. App. 1996).

Opinion

HANNA, Judge.

The Missouri Department of Labor and Industrial Relations (Department) and the Curators of Lincoln University appeal from an order of the circuit court dismissing claims filed against defendants, Ron Woods Mechanical, Inc., Roy A. Scheperle Construction Company, Inc., and Fidelity and Deposit Company of Maryland, alleging a violation of the Prevailing Wage Law, §§ 290.210 to 290.340, RSMo 1994. One of the issues raised here, which is dispositive, is whether this court has jurisdiction.

*539 The Curators of Lincoln University (Lincoln) entered into two contracts with Schep-erle to complete two construction projects on Lincoln’s campus. Each contract contained a provision requiring that all workers be paid the prevailing wage, as determined by the Department. Fidelity issued two performance bonds, each referring to the prime contracts for the Lincoln projects. Thereafter, Ron Woods Mechanical (Woods) entered into a subcontract with Scheperle to perform the plumbing, heating, venting, and air conditioning on the projects. Woods was legally obligated to pay its employees the prevailing wage.

The Department filed suit against defendants claiming that Woods did not pay its employees the prevailing wage, as determined by the Department. It sought a declaration that Woods failed to perform its contractual and statutory obligations to comply with the Prevailing Wage Law, for which all defendants were jointly and severally liable. The Department also sought a decree that defendants were jointly and severally liable to Lincoln for penalties and back wages for the individual workers.

On May 20, 1994, the court entered an order dismissing the Department’s petition concluding that the Department lacked standing to bring the claim. 1 The Department filed a notice of appeal. Also, on June 17, 1994, the Department moved the trial court to vacate the order pursuant to Rule 75.01 on the ground that Lincoln should be permitted to join or voluntarily intervene as the real party in interest.

On July 11, 1994, the court vacated its order dismissing the action, and gave the Department 20 days to amend the petition. The Department filed an amended petition adding Lincoln as a plaintiff and voluntarily dismissed its appeal, based on the trial court’s favorable ruling on its motion to vacate. Defendants filed a motion to dismiss this amended petition arguing that the court had lost jurisdiction of the case by failing to rule on the Department’s motion to vacate within 30 days of its entry dismissing the case.

On March 18, 1995, the Department and Lincoln filed a second motion to vacate the original order arguing that they were entitled to relief under Rule 74.06 in that the dismissal was the result of mistake or excusable neglect. The defendants filed a second motion to dismiss asserting that the Department and Lincoln were not entitled to relief under Rule 74.06. 2

On August 24, 1995, the court dismissed the amended petition holding that the Department lacked standing to sue because the completion of the project divested the Department of jurisdiction under the Prevailing Wage Law. As to Lincoln’s claims against Woods, the court held that Lincoln lacked standing because it was not in privity with Woods. As to Lincoln’s claims against all defendants, the court held that Lincoln had no standing to sue for wages and no standing to sue on the bond because Lincoln failed to allege that it had been damaged. It further held that Lincoln had attempted to assert a new claim of relief, which is not permitted under Rule 74.06. 3 Finally, the court held that the claims were barred by the two-year statute of limitations set forth in § 516.140, RSMo 1994. The Department and Lincoln appeal.

We must first determine whether the trial court had jurisdiction to vacate its May 20, 1994 order of dismissal by its July 11, 1994 order. The defendants argue that because the court did not rule on the Department’s motion to vacate within 30 days after the court entered the order of dismissal it lost jurisdiction under Rule 75.01. The defendants maintain that the May 20, 1994 order of dismissal became final for purposes of appeal pursuant to Rule 81.05 on June 20, 1994, 30 days after it was entered. Because the Department dismissed its appeal of the May 20, 1994 order, and its subsequent notice of appeal, which was based upon the court’s dismissal of its second amended petition, was not filed until October 2, 1995, the defendants contend that we must dismiss the appeal for lack of jurisdiction.

*540 Under Rule 75.01, the trial court retains jurisdiction for 30 days after the entry of a judgment to amend, modify, vacate, reopen, or correct its judgment. If a motion for new trial or an “authorized after-trial motion” is timely filed, however, the time period within which the court may exercise jurisdiction over the judgment extends to 90 days. Rule 81.05; Carter v. Carter, 901 S.W.2d 906, 911 (Mo.App.1995).

Under the current Supreme Court Rules, an “authorized after-trial motion” is a motion for which the rules expressly provide. Taylor v. United Parcel Serv., Inc., 854 S.W.2d 390, 392 n. 1 (Mo. banc 1993). 4 See also Massman Constr. v. Highway & Transp. Comm’n, 914 S.W.2d 801, 802-03 (Mo. banc 1996). A motion to set aside or vacate a dismissal is not an authorized after-trial motion because it is not a motion for which the rules expressly provide. Taylor, 854 S.W.2d at 392 n. 1; Miller v. Enyeart, 893 S.W.2d 901, 903 n. 1 (Mo.App.1995). Thus, the Department’s June 17,1994 motion to vacate was not an authorized after-trial motion.

Neither can the Department’s motion be construed as a motion for a new trial. A motion for new trial is a motion directed toward errors of fact or law in the trial. Miller, 893 S.W.2d at 903. The Department’s motion did not challenge the court’s order to dismiss. It did not raise any errors of fact or law alleged to have been made by the trial court. See id. Rather, the Department requested that the court vacate the order, pursuant to Rule 75.01, in order to permit joinder or voluntary intervention by Lincoln.

The Department contends, without authority, that its motion to vacate can be construed as a motion to amend the judgment under Rule 73.01(a)(5), which is an authorized after-trial motion. However, the Department’s motion to vacate did not invoke Rule 73.01(a)(5). The Department’s failure to specifically rely on Rule 73.01(a)(5) in their motion is sufficient, in itself, to deny it the benefits of this rule. Wooten v. Williams, 827 S.W.2d 282, 284 n. 2 (Mo.App.1992).

The Department’s motion expressly invoked Rule 75.01.

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926 S.W.2d 537, 1996 Mo. App. LEXIS 1285, 1996 WL 408553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-labor-industrial-relations-v-ron-woods-mechanical-moctapp-1996.