Bray v. Sexton

Dustin Bray (“Plaintiff’) appeals the judgment granting Wells Fargo Bank, N.A.’s (“Wells Fargo”) motion to dismiss Plaintiffs petition to enforce a mechanic’s lien.. The trial court dismissed Plaintiffs petition as to Wells Fargo on the grounds Plaintiffs action was not commenced within the six-month statute of limitations set forth in section 429.170 RSMo 2000,1 because although Plaintiffs petition was filed within the applicable six-month period, the summons for Wells Fargo was not issued within that timeframe. We reverse* and remand.

I. BACKGROUND

This case concerns the enforceability of a…