Appellate Practice: Mootness – Probate Case 
Murray v. Hunter (MLW No. 61120/Case No. SD30320 – 4 pages) (Missouri Court of Appeals, Southern District, Burrell, J.)
Appellate Practice: Judgments – Finality – Criminal Case
State v. Ferrell (MLW No. 61122/Case No. SD30172 – 2 pages) (Missouri Court of Appeals, Southern District, Scott, C.J.)
Appellate Practice: Amended Judgment – Validity – Domestic Case
Herrman v. Herrman (MLW No. 61121/Case No. SD29881 – 5 pages) (Missouri Court of Appeals, Southern District, Bates, J.)
Appellate Practice: Inadequate Brief – Pro Se Appellant
Moseley v. Grundy County District R-V School (MLW No. 61114/Case No. ED94192 – 5 pages) (Missouri Court of Appeals, Eastern District, Cohen, J.)
Appellate Practice: Transcript – Failure To File – Dissolution
Lemons v. Lemons (MLW No. 61095/Case No. WD71044 – 4 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.)
Where a husband representing himself in a dissolution failed to file a transcript of the trial, the appeal is dismissed for failure to provide a adequate record on appeal.
Appeal is dismissed.
Lemons v. Lemons (MLW No. 61095/Case No. [...]
Appellate Practice: Jurisdictional Bar – Immigration Appeal – Change In The Law
Ginters v. Frazier, et al. (MLW No. 61074/Case No. 09-1653 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Bye, J.)
Where an immigrant and his American wife sought declaratory and injunctive relief following a denial of their I-130 petition, a dismissal for lack of subject matter jurisdiction is reversed because due to a change in [...]
Appellate Practice: Pro Se Appellant – Rule 84.04 – Inadequate Brief
Shields v. L & P Transportation, LLC (MLW No. 61033/Case No. SD30058 – 5 pages) (Missouri Court of Appeals, Southern District, Burrell, J.)
Appeals: Order of Protection – Default Judgment – Motion to Set Aside
Walker v. Frazier (MLW No. 60999/Case No. WD71662/71663 – 4 pages) (Missouri Court of Appeals, Western District, Martin, J.)
Where full orders of protection were entered after the respondent failed to show up in the correct court and a motion to set aside the default judgment was not filed, she failed to preserve her claims for [...]
Appeals: Unemployment Benefits – Notice of Appeal – Timeliness
Jones v. Wireless Vision LLC, et al. (MLW No. 60987/Case No. ED94962 – 2 pages) (Missouri Court of Appeals, Eastern District, Richter, J.)
Where the U.S. Post Office’s date of endorsement on a claimant’s notice of appeal from the Labor and Industrial Relations Commission decision denying her application for unemployment benefits was stamped with a date [...]
Appeals: Unemployment Benefits – Notice of Appeal – Timeliness
Rudder v. MERS/Missouri Goodwill Industries, et al. (MLW No. 60986/Case No. ED94979 – 2 pages) (Missouri Court of Appeals, Eastern District, Richter, J.)
Where a claimant faxed her notice of appeal from the Labor and Industrial Relations Commission decision denying her application for unemployment benefits two days after it was due, the appeal was untimely and [...]
Appellate Practice: Mootness – Foreclosure Sale – Good-Faith Purchaser
U.S. v. Asset Based Resource Group, et al. (MLW No. 60898/Case No. 09-2548 – 6 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)
Where two airplanes were sold at a foreclosure sale to a good-faith purchaser, a creditor’s appeal challenging the sale is moot because the creditor did not move to stay the sale pending [...]
Appellate Practice: Final Judgment – Pending Claims – Libel Case
Parker v. American Publishing Co., et al. (MLW No. 60833/Case No. ED92334/ED92386 – 6 pages) (Missouri Court of Appeals, Eastern District, Mooney, J.)
Where a plaintiff brought an action for libel, slander, tortious interference and defamation against eight defendants, and the trial court entered an order denying the defendant’s motion to set aside an interlocutory order [...]
Appellate Practice: Inadequate Brief – Unemployment Compensation
Hardnett v. Division of Employment Security (MLW No. 60803/Case No. ED93988 – 3 pages) (Missouri Court of Appeals, Eastern District, Richter, J.)
Where an unemployment claimant appealed a decision to reduce her benefits, the claimant’s brief failed to meet the requirements of Rule 84.04, so her appeal is dismissed.
Appeal dismissed.
Hardnett v. Division of Employment Security (MLW [...]
Appellate Practice: Pro Se Appellant – Lack Of Transcript – Driver’s License
Sapp v. Department of Revenue (MLW No. 60773/Case No. WD71564 – 3 pages) (Missouri Court of Appeals, Western District, Ellis, J.)
Where a pro se appellant, who challenged the sufficiency of evidence to support suspension of her driver’s license, decided not to file a transcript of the trial court proceedings, the appeal must be dismissed.
Appeal is [...]
Appellate Practice: Class Action – Removal – Permissive Appeal
Froud, et al. v. Anadarko E&P Company Limited Partnership, et al. (MLW No. 60731/Case No. 10-8010 – 4 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)
Where class representatives requested permission to appeal from a district court’s order denying a motion to remand their class action, the petition failed to give any reason why the [...]
Appellate Practice: Mootness – Judgment – Incidental Language
Autumn Ridge Homeowners Association, Inc. v. Occhipinto, et al. (MLW No. 60746/Case No. WD71122 – 8 pages) (Missouri Court of Appeals, Western District, Smart Jr., J.)
Where a homeowners’ association appealed a judgment in favor of homeowners, claiming that “voluntary findings” in certain paragraphs of the judgment should be struck as “gratuitous,” there is generally no [...]
Appellate Practice: Inadequate Brief – Pro Se Appellant – Unemployment Compensation
Hankins v. Reliance Automotive, Inc. (MLW No. 60735/Case No. ED94259 – 5 pages) (Missouri Court of Appeals, Eastern District, Odenwald, P.J.)
Where the brief of a pro se appellant in an unemployment compensation case included a jurisdictional statement that contained legal argument, a grossly deficient statement of facts and the points relied on also contained legal [...]
Appellate Practice: Incomplete Record – Pro Se Appellant – Domestic Case
Cantwell v. Cantwell (MLW No. 60712/Case No. WD71103 – 4 pages) (Missouri Court of Appeals, Western District, Ellis, J.)
Where a father who brought a pro se appeal in a child custody modification case failed to include a transcript of the proceedings and provided an incomplete file, the appellate court is unable to review father’s claims, [...]
Appellate Practice: Pending Issues – Advisory Opinion – Insurance Case
Adams, et al. v. King (MLW No. 60683/Case No. SD30106 – 8 pages) (Missouri Court of Appeals, Southern District, McGhee, Sr. J.)
Where several issues on appeal in an insurance and breach-of-contract case remained pending, the court will not issue an advisory opinion, so the appeal is dismissed without prejudice.
Appeal is dismissed.
Adams, et al. v. King [...]
Appellate Practice: Notice Of Appeal – Timeliness – Probate Case
In the Estate of Stanley Straszynski v. Clark (MLW No. 60653/Case No. SD29903 – 5 pages) (Missouri Court of Appeals, Southern District, Burrell, J.)
Where an attorney for an estate’s personal representative appealed the probate division’s denial of her request for attorney’s fees, the notice of appeal was not filed until more than three months after [...]
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