Missouri Court of Appeals, Southern District / May 15, 2025
JANETTE WHITLOW, Appellant v. CURTIS WHITLOW, TWAJANA MOSS, and TAMMY HENRY, Respondents
Janette Whitlow sued Curtis Whitlow, Twajana Moss, and Tammy Henry for unjust enrichment, alleging they were enriched by her contributions to the acquisition of a family farm. The trial court granted summary judgment for the respondents, concluding Whitlow's claim was time-barred by the statute of limitations. The Southern District of the Missouri Court of Appeals vacated the judgment and remanded the case, holding that the respondents failed to properly plead the statute of limitations as an affirmative defense in their answer as required by Rule 55.08.