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Civil Practice: Statute Of Limitations – Counterclaims – Real Property
Stephanie Maniscalco//November 3, 2011//
Even though a trial court erred in excluding an affidavit as summary judgment evidence in a property dispute, dismissal of the appellant’s counterclaims is affirmed because the appellant failed to assert the counterclaims before the expiration of the statute of limitations.
Judgment is affirmed.
Calvert v. Plenge (MLW No. 62918/Case No. ED96073 – 10 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.) Appealed from circuit court, Clark County, Dial, J. (Howard M. Hickman for appellant) (James R. Dowd and Joseph F. Yeckel for respondent).
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