Missouri Court of Appeals, Southern District / Jan 25, 2024
STEPHANIE MAXINE STENGER, f/k/a Stephanie Stenger Montgomery, Petitioner-Respondent v. MARTIN SCOTT MONTGOMERY, Respondent-Appellant
Martin Montgomery (Husband) appealed the dismissal of his breach of contract and unjust enrichment claims against Stephanie Stenger (Wife). Husband sought to enforce an obligation from their 2010 dissolution judgment, which had not been revived within the statutory ten-year period. The trial court dismissed the claims, finding the contract merged into the judgment and the judgment was conclusively presumed paid under Section 516.350.1. The appellate court affirmed, holding that the survival clause in the parties' agreement did not prevent merger by judgment, and the unjust enrichment claim was also barred as it arose from the same conclusively paid judgment.