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Ford v. Director of Revenue2/14/2000
its equity powers to fashion a 'better' remedy than exists in the statutes." Cotton v. Wise, 977 S.W.2d 263, 264 (Mo.banc 1998).
Even more importantly, to invoke equity jurisdiction, the party seeking that relief must plead and prove there is no adequate remedy at law. Blue Cross Health Services v. Sauer, 800 S.W.2d 72, 76 (Mo.App. E.D. 1990). A circuit court lacks jurisdiction to grant equitable relief where there is an adequate remedy at law. Schildknecht v. Director of Revenue, 901 S.W.2d 348, 349 (Mo.App. E.D. 1995). Pleading and proving the lack of an adequate remedy at law are jurisdictional, a defect which may be raised at any stage of the proceedings, or even by the court itself. Kerber v. Alt, 275 S.W.2d 604, 606 (Mo.App. St.L. 1955). Here, Respondent neither pled nor presented any evidence concerning the lack of an adequate remedy at law. This, fortified by the existence of statutes providing for expungement of records under certain circumstances, leads us to the conclusion that the trial court lacked jurisdiction to enter the judgment in this case. Accordingly, the judgment is reversed.
Separate Opinion:
None
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