Exhaustion of administrative remedies does not relate to circuit court’s subject matter jurisdiction, and is not an element of any claim, so the failure to exhaust administrative remedies is an affirmative defense. Any defense must appear in a responsive pleading, except those that the governing rule specifies may be raised by motion, but those do not include failure to exhaust administrative remedies or time limitations. “A pleading that makes a conclusory statement and does not plead the specific facts required to support the affirmative defense fails to adequately raise the alleged affirmative defense, and the alleged affirmative defense fails as a matter of law.” On such a failed affirmative defense, no relief is possible. To prevail on summary judgment, the movant’s material facts must appear in a statement of numbered paragraphs, and supporting exhibits will not substitute for appearance in a numbered paragraph. Summary judgment for respondents reversed.
MELISSA MORELOCK, Appellant vs. INTERCONTINENTAL HOTELS GROUP RESOURCES, LLC., SIX CONTINENTS HOTELS, INC., MYER FAMILY HOTEL COMPANY and HOLIDAY HOSPITALITY FRANCHISING, LLC., Respondents
Missouri Court of Appeals, Southern District – SD37022
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