White v. Emmanuel Baptist Church

519 S.W.3d 917, 92 U.C.C. Rep. Serv. 2d (West) 930, 2017 WL 2332752, 2017 Mo. App. LEXIS 527
CourtMissouri Court of Appeals
DecidedMay 30, 2017
DocketWD 79999
StatusPublished
Cited by4 cases

This text of 519 S.W.3d 917 (White v. Emmanuel Baptist Church) 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
White v. Emmanuel Baptist Church, 519 S.W.3d 917, 92 U.C.C. Rep. Serv. 2d (West) 930, 2017 WL 2332752, 2017 Mo. App. LEXIS 527 (Mo. Ct. App. 2017).

Opinion

Cynthia L. Martin, Judge

Saundra White (“Plaintiff’) appeals from the trial court’s grant of summary judgment in favor of Emmanuel Baptist Church (“Church”), Frank Fields, Eddie Slaughter, Ebbie Lee Stanley, and Carlton Strickland (collectively “Defendants”) on her claims of conversion, unjust enrichment, breach of contract, failure to produce documents, and an ultra vires act. We affirm in part and reverse in part.

Factual and Procedural Background

Viewed in the light most favorable to Plaintiff, the party against whom summary judgment was entered, the uncontroverted facts are as follows. See ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993).

Plaintiff is the widow of Reverend Willis H. White (“Rev. White”). Plaintiff and Rev. White married on July 10, 1972. Rev. White is survived by Plaintiff, his children with Plaintiff, and children from a previous marriage. Rev. White was the Church’s pastor at the time of his death in December 2012, and Plaintiff was an employee. The individually-named defendants are directors of the Church.

After Rev. White’s death, disputes arose between the parties over items and amounts owed to Rev. White, Plaintiff, or both. These disputes led to Plaintiff filing a petition asserting five counts. Plaintiff sought to recover: the value of property allegedly owned by Rev. White; on an alleged employment contract between Rev. White and the Church; on an alleged employment contract between Plaintiff and the Church; the amount of loans allegedly made to the Church by Plaintiff and Rev. White; and the value of investment certificates held by Plaintiff and Rev. White. Plaintiff also alleged that the Church engaged in an ultra vires act in hiring a new pastor, and failed to produce documents on request as required by section 355.826.1 Defendants’ answer asserted a variety of affirmative defenses, including that Plaintiff did not have standing to pursue recovery on behalf of Rev. White, and that Plaintiffs claims for payment of loans and investment certificates were barred by the statute of limitations. Subsequently, Defendants moved for summary judgment on all of Plaintiffs claims.2 The trial court [921]*921granted summary judgment against Plaintiff on all of her claims.3

This appeal follows. Additional facts will be discussed as necessary.

Standard of Review

An appellate court “reviews the grant of summary judgment de novo.” Goerlitz v. City of Maryville, 333 S.W.3d 450, 452 (Mo. banc 2011). The appellate court must apply “the same criteria as the trial court in determining whether summary judgment was proper.” Id. “Summary judgment is only proper if the moving party establishes that there is no genuine issue as to the material facts and that the mov-ant is entitled to judgment as a matter of law.” Id.

A defending party may establish a right to summary judgment by showing any of the following:

(1) facts negating any one of the elements of the non-movant’s claim; (2) “that the non-movant, after an adequate period of discovery, has not been able and will not be able to produce sufficient evidence to allow the trier of fact to find the existence of any one” of the elements of the non-movant’s claim; or (3) “that there is no genuine dispute as to the existence of the facts necessary to support movant’s properly pleaded affirmative defense.”

Id. at 453 (quoting ITT Commercial Fin. Corp., 854 S.W.2d at 381).

Additionally, an appellate court reviews the record below in the light most favorable to the party against whom summary judgment was entered. Id. “[T]hat party is entitled to the benefit of all reasonable inferences from the record.” Id. (quoting Hammack v. Coffelt Land Title, Inc., 284 S.W.3d 175, 177-78 (Mo. App. W.D. 2009)).

“However, facts contained in affidavits or otherwise in support of the [moving] party’s motion are accepted as true unless contradicted by the non-moving party’s response to the summary judgment motion.” Id. (quoting Hammack, 284 S.W.3d at 177-78). “[T]he non-movant must support denials with specific references to discovery, exhibits, or affidavits demonstrating a genuine factual issue for trial.” Central Trust and Inv. Co. v. SignalPoint Asset Mgmt., LLC, 422 S.W.3d 312, 320 (Mo. banc 2014) (citing Rule 74.04(c)(2), (c)(4)), “Facts not properly supported under Rule 74.04(c)(2) or (c)(4) are deemed admitted.” Id.

Analysis

Before addressing Plaintiffs points on appeal, our analysis will benefit from first summarizing the theories for recovery alleged in Plaintiffs petition and the trial court’s basis for entering summary judgment on each theory.

Count I of Plaintiffs petition alleged conversion of Rev. White’s personal and intellectual property. Defendants moved for summary judgment on Count I based on Plaintiffs lack of standing to act as the sole heir of Rev. White’s estate, and because Plaintiff could not prove each of the essential elements of conversion. The trial court granted summary judgment on Count I on the basis that Plaintiff did not have standing to proceed on behalf of Rev. White’s estate.

Count II of the petition alleged a claim for unjust enrichment based on Rev. White’s employment services to the [922]*922Church, and based on loans and investment certificates alleged to be owed by the Church. Defendants moved for summary judgment on Count II because Plaintiff had no standing to pursue recovery on behalf of Rev. White’s estate. Defendants also argued that Count II, to the extent it sought recovery on loans and investment certificates, was barred by the applicable statute of limitations, and specifically sections 516.110 and 516.120. The trial court granted summary judgment on Count II because Plaintiff lacked standing to assert claims belonging to Rev. White’s estate, and because all claims seeking repayment of loans or investment certificates were barred by the applicable statute of limitations.

Count III asserted a claim for breach of contract based on alleged employment contracts Plaintiff and Rev. "White had with the Church. Count III also asserted a claim for breach of contract based on unpaid loans and investment certificates. Defendants moved for summary judgment on Count III because Plaintiff did not have standing to pursue contract claims on behalf of Rev. White’s estate; Plaintiff could not prove a written employment contract existed between she and the Church, or Rev. "White and the Church; all loans and investment certificates ever extended by or issued to Plaintiff and Rev. WTiite had been repaid; and Plaintiffs effort to recover on the loans and investment certificates was barred by the applicable statute of limitations. The trial court granted summary judgment on Count III because Plaintiff lacked standing to assert claims on behalf of Rev. White’s estate.

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519 S.W.3d 917, 92 U.C.C. Rep. Serv. 2d (West) 930, 2017 WL 2332752, 2017 Mo. App. LEXIS 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-emmanuel-baptist-church-moctapp-2017.