Carl Fust and Rita Fust v. Attorney

en banc Carl and Rita Fust are judgment creditors. They were awarded $330,000 in punitive damages in a malicious prosecution action in 1994. This judgment was affirmed on appeal. Fust v. Francois, 913 S.W.2d 38 (Mo. App. 1995). Here, the Fusts seek a declaratory judgment that sec. 537.675 1, enacted as part of House Bill 700, Laws of 1987, p. 545, et seq. (HB 700), is unconstitutional. That section provides that 50% of any punitive damages judgment is deemed rendered in favor of the State of Missouri. The Circuit Court of Cole County found the statute constitutional. This Court has jurisdiction of the appeal. Mo. Const. art. V sec. 3. The judgment of the trial court is affirmed. I.