State ex rel. O'Basuyi v. Hon. David Lee Vincent III
Annotate this CasePatrick O’Basuyi filed suit against several defendants (collectively, “TriStar”) for breach of contract, quantum meruit and fraudulent conveyance. TriStar responded by filing a counterclaim for malicious prosecution. O’Basuyi filed a motion for separate trial of TriStar’s counterclaims. The trial court overruled the motion for separate trial, determining that Mo. R. Civ. P. 55.06, which governs joinder of claims, authorized its denial of O’Basuyi’s motion for separate trial of the malicious prosecution claim. O’Basuyi subsequently sought a writ of prohibition. The Supreme Court granted the request writ, holding (1) Rule 55.06 does not permit either joinder or trial of a malicious prosecution counterclaim with the underlying claim; and (2) therefore, the trial court erred in permitting the joint trial of the defendants’ counterclaim and O’Basuyi’s claims.
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