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Lunceford v. Houghtlin5/31/2005
gs seeking reformation. See Bullock Co. v. Allen, 493 S.W.2d 5, 7 (Mo. App. 1973).
We generally agree that a trial court may refrain from granting equitable relief in the form of reformation in the absence of a pleading requesting that relief. In the typical reformation situation, the issue of reformation arises because there is a dispute between the parties to the contract with regard to performance of the contract. Here, enforcement of the December 2002 release is being sought not by a party to the release, but instead individuals who, at best, may be third party beneficiaries. The reformation issue was clearly identified and litigated by the parties below. The existence of the November 2003 corrected partial release was pled in the Luncefords' reply to the defendants' amended answers. Given those facts as well as the unusual context in which that issue arose, we conclude that the trial court was adequately presented with the issue for purposes of determining whether the respondents were entitled to summary judgment upon their motion.
V. A Genuine Dispute of Material Fact Barred Entry of Summary Judgment
It is a foundational principle that summary judgment cannot be granted unless the undisputed facts entitle the moving party to judgment as a matter of law. ITT Commercial Fin. Corp., 854 S.W.2d at 380. If the non-moving party establishes a genuine dispute of material fact, summary judgment is inappropriate. Id. at 381. Such a dispute is present here.
In considering whether summary judgment was appropriate, we view the facts in the light most favorable to the Luncefords, as the non-moving parties. Id. at 376. Through affidavits, the Luncefords have presented facts which suggest that the December 2002 release mistakenly and incorrectly memorialized the settling parties' intent and that the November 2003 "corrected release" is, instead, the correct articulation of their intent. If those facts would subsequently be proven at trial, they would form a valid basis upon which the trial court could deem the December 2002 release reformed in accordance with the November 2003 corrected partial release. If so reformed, the release would leave reserved claims against Houghtlin and Graybill, and they could not prevail upon the affirmative defense of release.
Having found that the Luncefords presented a genuine dispute of material fact, we conclude that the trial court erred in granting summary judgment in favor of the respondents. The judgment of the trial court is reversed, and the matter is remanded to the trial court for further proceedings consistent with this opinion.
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