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Reed v. Rope

Citations: 817 S.W.2d 503; 1991 Mo. App. LEXIS 1162; 1991 WL 137328Docket: WD 43362

Court: Missouri Court of Appeals; July 30, 1991; Missouri; State Appellate Court

Narrative Opinion Summary

The case involves an appeal by Herbert M. Rope, as the personal representative of Andrew Reed's estate, against a jury verdict awarding Ida Hankin Reed $166,233 for breaches of an antenuptial agreement. The agreement required Mr. Reed to provide a home and financial support, which he failed to uphold. Rope contested the validity of the agreement and raised several points on appeal, including statute of limitations, improper expert testimony, and the admissibility of evidence. The trial court had previously upheld the agreement's validity, allowing the breach claim to proceed. The appellate court considered whether the statute of limitations barred Mrs. Reed's claims and found that it did not, as the last breach occurred within the statutory period. The court also addressed the appealability of a motion in limine, affirming it as a motion to strike, and ruled on the relevance and foundation of the evidence presented. Ultimately, the appellate court affirmed the trial court's decision, supporting Mrs. Reed's award for damages resulting from the breach of the antenuptial agreement.

Legal Issues Addressed

Appealability of Motions in Limine

Application: The court treated Mrs. Reed's motion in limine as a motion to strike the statute of limitations defense, making it an appealable trial error rather than a non-appealable interlocutory order.

Reasoning: However, Mrs. Reed’s motion aimed to strike the affirmative defense of statute of limitations, which led the court to treat it as a motion to strike rather than a standard motion in limine, rendering the ruling appealable as trial error.

Calculation of Damages for Loss of Life Estate

Application: The court affirmed the use of life expectancy from the trial date to calculate damages, rejecting Mr. Rope's argument for using the date of Mr. Reed's death.

Reasoning: The court finds Mr. Rope's arguments insufficient to challenge the accepted method of calculating longevity, stating it does not contradict the rule established in Boten.

Foundation for Expert Testimony

Application: Mr. Rope's challenge to the foundation of Dr. Ward's testimony was waived due to a lack of objection during trial, despite claims that the testimony was based on summaries not personally reviewed by the expert.

Reasoning: Despite this, Mr. Rope did not object to the testimony or the methodology during the trial, which constitutes a waiver of any foundational objection.

Relevance of Evidence in Contractual Disputes

Application: The court ruled that evidence of Mrs. Reed's performance of marital duties was relevant to counter Mr. Rope's denial of her performance under the antenuptial agreement.

Reasoning: The court found that since Mr. Rope denied Mrs. Reed's performance under their antenuptial agreement, her performance of marital obligations was relevant.

Statute of Limitations in Contractual Breach Claims

Application: The court examined whether the statute of limitations barred any part of Mrs. Reed's claim for breach of an antenuptial agreement by evaluating the timing of the last breach and the filing of her petition.

Reasoning: The last breach occurred in February 1986, and Mrs. Reed filed her petition in November 1986, well within the statute of limitations.