Shinn v. Bank of Crocker

CROW, Judge.

Ernest Shinn and Florene Shinn filed a two-count petition against Bank of Crocker (“Bank”) and Bollinger Enterprises, Inc. (“Bollinger”). The Shinns characterize Count I as a cause of action for malicious prosecution and Count II as a cause of action for willful infliction of emotional distress.

Bank filed a motion to dismiss asserting both counts were barred by the two-year limitation of § 516.140, RSMo 1986. Bank’s motion also stated both counts were barred by Rule 55.32(a)1 in that the Shinns failed to assert such claims in an earlier action against them by Bollinger arising out…