Peter Dunne prevails in Supreme Court of Missouri in case challenging the applicable Statute of Limitations
PS Attorney: Peter J. Dunne
Representing: John Racanelli, dba Racanelli’s Pizza
Venue: Supreme Court of Missouri
Facts: Breach of Contract. The Plaintiff DiGregorio claimed that Defendant Racanelli was liable for payment of certain invoices that had been sent over 5 years prior to suit being filed. The invoices were challenged as not constituting a promise by the Defendant to pay the Plaintiff money under Section 516.110(1), and the 10 year Statute of Limitations under RSMo Section 516.110(1) (2000) did not apply. The Supreme Court agreed that the 5 year Statute of Limitations under Section 516.120 (1) applied, and reversed the judgment of the trial court and the Court of Appeals.
Appeals: Judgment reversed and case remanded to St. Louis County Circuit Court with instructions to enter judgment in favor of Defendant.