Schaefer v. Koster

I respectfully dissent from the principal opinion because I disagree that Cindy Brandt has an adequate remedy at law. The statutory purpose of a declaratory judgment action is to “afford relief from uncertainty and insecurity with respect to rights, status and other legal relations.” Section 527.120, RSMo 2000.1 The principal opinion does not serve that purpose and ignores the statute of limitations set out in § 516.500, which precludes Brandt (or anyone else for that matter) from successfully raising the valid defenses based on article III, sections 21 and 23, of the Missouri Constitution in…