Fust v. Attorney General

HOLSTEIN, Chief Justice.

Carl and Rita Fust are judgment creditors. They were awarded $330,000 in punitive damages in a malicious prosecution action in 1994. This judgment was affirmed on appeal. Fust v. Francois, 913 S.W.2d 38 (Mo. App.1995). Here, the Fusts seek a declaratory judgment that sec. 537.675 1 , enacted as part of House Bill 700, Laws of 1987, p. 545, et seq. (HB 700), is unconstitutional. That section provides that 50% of any punitive damages judgment is deemed rendered in favor of the State of Missouri. The Circuit Court of Cole County found the statute constitutional. This…