suit for an accounting was, as a matter of law, barred by the running of the applicable statute of limitations. To make a prima facie case for summary judgment, under Rule 74.04, the movant must allege facts, which are supported by specific references to the pleadings, discovery, exhibits or affidavits, demonstrating the lack of a genuine issue as to such facts and which establish a right to judgment as a matter of law. Rule 74.04(c); Bost v. Clark, 116 S.W.3d 667, 674 (Mo.App.2003). If the movant is a defending party, as is the case here, he can make a prima facie case for summary judgment by showing either: (1) facts that negate any one of the claimant’s required proof elements; (2) that the non-movant, after an adequate period of discovery, has not been able to produce 5) (<HOLDING>). This point deals with the running of the
holding that where defense of laches was not pleaded denial of equitable relief on grounds of laches was error recognizing laches as an equitable defense to a motion to reopen holding that laches is an affirmative defense holding that equitable defense of laches is inapplicable to claims of fraud holding that fair use is an affirmative defense