Missouri Court of Appeals, Eastern District / Apr 10, 2018
Dennis L. Presson and Theresa Melton, Appellants, vs. Bridget A. Presson, Respondent.
Dennis L. Presson and Theresa Melton appealed the dismissal of their petition against Bridget A. Presson, Decedent's wife, seeking compensation for services rendered on real estate. Appellants argued their claims were not compulsory counterclaims and were not barred by statute. The appellate court affirmed the dismissal, holding that Appellants' claims for unjust enrichment were compulsory counterclaims that should have been raised in prior litigation concerning the property's ownership, and that these claims were mature when responsive pleadings were due in the initial case.