{"disclaimer":"This is a summary of public court records and is not legal advice. Missouri slip opinions may be modified or withdrawn; consult the official source.","party":{"slug":"johnathan-boswell","displayName":"JOHNATHAN BOSWELL","totalCases":1},"cases":[{"caseId":"moappsd:sd37077:2022-03-02","opinionId":"800d6739-462a-5482-af73-47e42a16785a","slug":"johnathan-boswell-appellant-v-thomas-j-oneil-dwight-bethurem-amie-boswell-d37077","caseName":"JOHNATHAN BOSWELL, Appellant\nvs.\nTHOMAS J. O'NEIL, DWIGHT BETHUREM, AMIE BOSWELL DEWANE, JAMES B. BOSWELL, JOSEPH A. BOSWELL, and INDEPENDENT STAVE COMPANY, LLC, JOHN DOE(S), and JANE DOE(S), Respondents","caseNumber":"SD37077","court":"moappsd","courtLabel":"Missouri Court of Appeals, Southern District","decisionDate":"2022-03-02","year":2022,"display_summary":"Johnathan Boswell appealed the trial court's grant of summary judgment in favor of trustees, siblings, and Independent Stave Company, LLC, in a trust action. Boswell had alleged breach of trust, tortious interference with an inheritance expectancy, unjust enrichment, and money had and received. The trial court granted summary judgment, finding the breach of trust claim barred by a five-year statute of limitations and all other claims barred by claim preclusion. The appellate court affirmed the judgment, concluding that Boswell failed to properly dispute material facts under Rule 74.04 and was bound by his admissions regarding the trust's termination, and that the trial court did not err in applying claim preclusion or in not ruling on the defense of release.","primaryTopic":"trusts","topicSlugs":["trusts","summary-judgment","civil-procedure","appellate-procedure","standard-of-review"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=184915","detailUrl":"https://ott.law/missouri-courts/opinions/johnathan-boswell-appellant-v-thomas-j-oneil-dwight-bethurem-amie-boswell-d37077","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":16,"source":"topic","url":"https://ott.law/practice-areas/litigation"},{"slug":"corporate","label":"Corporate Law","href":"/practice-areas/corporate","score":4,"source":"text","url":"https://ott.law/practice-areas/corporate"}],"role":"appellant"}]}