Saganis-Noonan v. Koenig

1 Citing case

  1. Nooney v. Nationsbank

    996 S.W.2d 783 (Mo. Ct. App. 1999)   Cited 6 times

    We agree. With regard to the fourth factor listed above, appellant's counts for aiding and abetting breach of fiduciary duty and commission of acts of oppression, for declaratory judgment against Bank, for conspiracy to defraud, and for conspiracy to transfer in fraud of creditors all derive factually from the breach of fiduciary duty claims, fraud claim, and transfer in fraud of creditors claim that remain pending against the Nooney defendants. In other words, as demonstrated by the complex factual history set forth above, the factual underpinnings of these claims against Bank, dismissed by the trial court, are "inextricably intertwined" with those of the claims still pending in the trial court against the other Nooney defendants. See Saganis-Noonan v. Koenig, 857 S.W.2d 499, 501 (Mo.App.E.D. 1993). "A similarity of factual issues weighs against certifying dismissed claims for appeal."