QUESTION

We sued our former son in law in small claims court in KS, and the judge ruled against us due to statute of limitations. We then filed in small claim

Asked on Jun 14th, 2012 on Breach of Contract - Missouri
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in MO because we did not feel the statute ruling was correct and it was not beyond statute in MO. The small claims judge said he could not rule against what the KS judge had ruled. Can we appeal this since MO is 5 yrs statute and the KS court was not a court of record???? No clerk in the courtroom.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Assuming that the small claims court in KS allows appeals (some small claims decisions are not appealable, it's one of the things you give up when you avail yourself of the cheaper and faster small claims process), and your time has not run out, you can appeal.  Notice that I said the small claims court in KS, not MO.  It is the KS court that decided the limitations issue, and the MO court is bound by that decision.  Thus, unless you successfully challenge the decision of the KS court, you may be able to appeal in MO, but you have very little chance of winning. Incidentally, the limitations period should not change depending on where the case is brought.  Courts of different states regularly apply other states' statutes of limitations where appropriate.  For example, if a New Jersey resident signs a contract in New York with a New York resident and later sues for breach, the New York statute of limitations will most likely apply, regardless of whether suit is brought in NJ, NY, or even somewhere else the party bringing the suit has moved to.  If it was right for the KS court to apply the KS statute of limitations, it would be right for the MO court to do so as well.
Answered on Jun 14th, 2012 at 6:51 PM

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