Appellate Practice: Arbitration Order - Judgments - Finality 
Robinson v. Title Lenders, Inc. (MLW No. 60249/Case No. ED92913 - 7 pages) (Missouri Court of Appeals, Eastern District, Gaertner Jr., J.)
Where a trial court issued an order granting a party’s motion to stay and compel arbitration and striking some language from the arbitration clause, various claims remained pending in the trial court and an [...]
Appellate Practice: Judgments - Finality - Denial Of Injunction
Carleton Properties v. Patterson (MLW No. 60254/Case No. SD29752 - 4 pages) (Missouri Court of Appeals, Southern District, Bates, P.J.)
Where plaintiffs, who sought to extend a temporary restraining order preventing a foreclosure sale, appealed the denial of their request for a preliminary injunction, there was no final judgment for purposes of appeal because none of [...]
Court says dying statements can be used in criminal cases
A dying declaration is an exception to the right of criminal defendants to be able to confront their accusers, the 8th U.S Circuit Court of Appeals affirmed Friday.
Appeals: Timeliness - Dismissal
State of Missouri v. Trotter (MLW No. 60209 -7 pages) (Missouri Court of Appeals, Western District, Newton, J.)
Where the trial court dismissed an inmate’s pro se motion for post conviction relief on Aug. 4 on the grounds that it was untimely and the judgment became final on Sept. 3, the inmate’s failure to file a [...]
Appellate Practice: Certification For Appeal - Pending Claims - Contract Case
Davis v. Shaw (MLW No. 60191/Case No. SD29818 - 5 pages) (Missouri Court of Appeals, Southern District, Scott, C.J.)
Where a trial court certified a contract case for appeal after awarding summary judgment to plaintiffs on a counterclaim, the plaintiffs’ contract claims and defendants’ defenses remained pending, so certification was not appropriate and the appeal must [...]
Appellate Practice: Inadequate Brief - Trade Adjustment Assistance
Yates v. Briggs & Stratton (MLW No. 60177/Case No. SD29825 - 5 pages) (Missouri Court of Appeals, Southern District, Bates, P.J.)
Where a claimant of trade adjustment assistance appealed the denial of benefits, the appeal must be dismissed because the pro se brief failed to comply with Rule 84.04.
Appeal is dismissed.
Yates v. Briggs & Stratton (MLW [...]
Appellate Practice: Counterclaims - Burden Of Proof
Dills v. Dills (MLW No. 60171/Case No. SD29234 - 8 pages) (Missouri Court of Appeals, Southern District, Barney, J.)
Where an appellant’s point relied on challenged a ruling by the trial court that he had not met a burden of proof on a counterclaim, the appellant sought to reverse the court’s judgment on an issue it [...]
Civil Practice: Attorney’s Fees - Prompt Payment Act - Failure To Plead
Lucas Stucco & Eifs Design v. Landau (MLW No. 60163/Case No. ED92941 - 8 pages) (Missouri Court of Appeals, Eastern District, Cohen, J.)
Where a plaintiff, who won a judgment against a property owner for breach of contract in a construction dispute, also sought attorney’s fees under the Missouri Private Prompt Payment Act, a party seeking [...]
Appellate Practice: Finality Of Judgment - Quiet Title Action
State of Missouri ex rel. Missouri Highway and Transportation Commission v. Westgrove Corporation, et al. (MLW No. 60165/Case No. ED92485 - 13 pages) (Missouri Court of Appeals, Eastern District, Dowd Jr., J.)
Where in a real estate case the trial court did not decide whether defendants were bona fide purchasers without notice, the court did not [...]
Appellate Practice: Rule 84.04 - Inadequate Brief
Kieffer v. Gianino (MLW No. 60098/Case No. ED92889 - 4 pages) (Missouri Court of Appeals, Eastern District, Odenwald, P.J.)
Where the brief of an appellant in a civil case included points relied on that failed to state concisely the legal reasons for the claim of reversible error and her arguments were also deficient, the brief failed [...]