Rushing v. Southern Missouri Bank

MONTGOMERY, Chief Judge.

This seemingly interminable case is before us for the second time. The first appeal resulted in Rushing v. Southern Missouri Bank, 859 S.W.2d 211 (Mo.App.1993) (Rushing I), filed on August 10, 1993. Only the progression of the case after remand is addressed herein. Therefore, Rushing I must be carefully read in order to understand this opinion.

The parties filing briefs in this case are Sun Security Bank of America (SSB),1 the Appellant, and Morgan Rushing (Plaintiff). By seeking payment of the registry funds, Robert Lowery, individually or alternatively, as personal…