516.110. What action shall be commenced within ten years. — Within ten years:
(1) An action upon any writing, whether sealed or unsealed, for the payment of money or property;
(2) Actions brought on any covenant of warranty contained in any deed of conveyance of land shall be brought within ten years next after there shall have been a final decision against the title of the covenantor in such deed, and actions on any covenant of seizin contained in any such deed shall be brought within ten years after the cause of such action shall accrue;
(3) Actions for relief, not herein otherwise provided for.
Notes of Decisions
Rolwing v. Nestle Holdings, Inc., 437 S.W.3d 180 (Mo. 2014).
· cites it 28× “except those mentioned in section 516.110.” 1 Rolwing argues that the trial court erred in not applying the 10-year statute of limitations in section 516.”
Hughes Dev. Co. v. Omega Realty Co., 951 S.W.2d 615 (Mo. 1997).
· cites it 16× “120(1) applies to “[a]ll actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110.” Under 516.110, all claims must be brought within five years.”
Beavers v. Rec. Ass'n of Lake Shore Estates, Inc., 130 S.W.3d 702 (Mo. Ct. App. 2004).
· cites it 10× “In Point Two, Appellants maintain the trial court erred in ruling that their action was barred based under the ten-year statute of limitations, as set out in section 516.110, RSMo 2000. The trial court found that the ten-year statute of limitations began running on April 1,…”
East Hills Condos. Ltd. P'ship v. Tri-Lakes Escrow, Inc., 280 S.W.3d 728 (Mo. Ct. App. 2009).
· cites it 19× “120 requires the following actions to be commenced “[w]ithin five years:” (1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a…”
White v. Emmanuel Baptist Church, 519 S.W.3d 917 (Mo. Ct. App. 2017).
· cites it 11× “Defendants also argued that Count II, to the extent it sought recovery on loans and investment certificates, was barred by the applicable statute of limitations, and specifically sections 516.110 and 516.120. The trial court granted summary judgment on Count II because Plaintiff…”
Hampton Foods, Inc. v. Wetterau Fin. Co., 831 S.W.2d 699 (Mo. Ct. App. 1992).
· cites it 14× “120’s five-year statute of limitations for contract actions instead of § 516.110’s ten-year period for actions “upon any writing .”
Reed v. Rope, 817 S.W.2d 503 (Mo. Ct. App. 1991).
· cites it 6× “Reed was precluded by at least one statute of limitation (§ 516.110, RSMo 1986, or, alternatively, § 516.”
Capital One Bank v. Creed, 220 S.W.3d 874 (Mo. Ct. App. 2007).
· cites it 9× “Point II contends that the finding that plaintiffs claim was barred by the statute of limitations is error “because § 516.110, which establishes a ten-year limitation period, applies to a claim based on a written contract, or because even if § 516.”
Sharpe v. Sharpe, 243 S.W.3d 414 (Mo. Ct. App. 2007).
· cites it 15× “§ 516.110 applies, then plaintiff’s suit is not time barred *418 since she filed her suit on August 11, 2005, less than 10 years after the trial of her dissolution of marriage on August 6, 1996.”
Rusk Farms, Inc. v. Ralston Purina Co., 689 S.W.2d 671 (Mo. Ct. App. 1985).
· cites it 5× “Section 516.110 RSMo 1969 provides that “an action upon any writing” must be brought within ten years after the cause of action accrued.”
— Mo. Rev. Stat. § 516.110(1) — 64 cases
Rolwing v. Nestle Holdings, Inc., 437 S.W.3d 180 (Mo. 2014).
“except those mentioned in section 516.110.” 1 Rolwing argues that the trial court erred in not applying the 10-year statute of limitations in section 516.”
Hughes Dev. Co. v. Omega Realty Co., 951 S.W.2d 615 (Mo. 1997).
“120(1) applies to “[a]ll actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110.” Under 516.110, all claims must be brought within five years.”
East Hills Condos. Ltd. P'ship v. Tri-Lakes Escrow, Inc., 280 S.W.3d 728 (Mo. Ct. App. 2009).
“120 requires the following actions to be commenced “[w]ithin five years:” (1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a…”
White v. Emmanuel Baptist Church, 519 S.W.3d 917 (Mo. Ct. App. 2017).
“Defendants also argued that Count II, to the extent it sought recovery on loans and investment certificates, was barred by the applicable statute of limitations, and specifically sections 516.110 and 516.120. The trial court granted summary judgment on Count II because Plaintiff…”
Sharpe v. Sharpe, 243 S.W.3d 414 (Mo. Ct. App. 2007).
“§ 516.110 applies, then plaintiff’s suit is not time barred *418 since she filed her suit on August 11, 2005, less than 10 years after the trial of her dissolution of marriage on August 6, 1996.”
— Mo. Rev. Stat. § 516.110(2) — 1 case
— Mo. Rev. Stat. § 516.110(3) — 4 cases
Sharpe v. Sharpe, 243 S.W.3d 414 (Mo. Ct. App. 2007).
“§ 516.110 applies, then plaintiff’s suit is not time barred *418 since she filed her suit on August 11, 2005, less than 10 years after the trial of her dissolution of marriage on August 6, 1996.”
JEFFREY BALDWIN, Individually, as agent for his Child. & grandchildren named below, as Beneficiary of the Roger Woodard Baldwin Revocable Trust dtd. November 5, 2001, as Amended & Restated, & certain sub-trusts created thereunder, & as Tr. of a descendant's trust in his name as described below v. JAN KAYE BALDWIN, Individually, as Beneficiary, & as Tr. of the Roger Woodard Baldwin Revocable Trust dtd. November 5, 2001, as Amended & Restated, & certain sub-trusts created thereunder, & KAYLI BALDWIN-HYTEN, Individually, as a Beneficiary of the Roger Woodard Baldwin Revocable Trust dtd. November 5, 2001, as Amended & Restated, & certain sub-trusts created thereunder, & as Tr. of a descendant's trust in her name as described below, & ANDREA BALDWIN-GREGG, Individually, as a Beneficiary of the Roger Woodard Baldwin Revocable Trust dtd. November 5, 2001, as Amended & Restated, & certain sub-trusts created thereunder, & as Tr. of a descendant's trust in her name as described below, Respondents-Respondents. (Mo. Ct. App. 2023).
— Mo. Rev. Stat. § 516.110(8) — 1 case
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