Twenty-three apply for Southern District vacancy 
The Appellate Judicial Commission has for the first time released the names of every person it will interview for a judicial vacancy.
In a statement Friday, the commission offered up the names of 23 judges and attorneys applying for an opening on the Missouri Court of Appeals Southern District. The commission will beginning meeting with the [...]
Real Property: Conditional Use Permit - Denial Of Application - Lay Testimony
State ex rel. Karsch, et al. v. Camden County Board of Adjustment (MLW No. 60168/Case No. SD29668 - 17 pages) (Missouri Court of Appeals, Southern District, Barney, J.)
Where a landowner who sought to build condominium units applied for a conditional use permit, the county board of adjustment’s decision to deny the application was supported by [...]
Domestic Relations: Adoption - Petition To Set Aside - Biological Father
P.J.B. v. D.A.P. (MLW No. 60166/Case No. SD29902 - 16 pages) (Missouri Court of Appeals, Southern District, Barney, J.)
Where a child’s biological father moved to set aside an adoption by the mother’s husband, the evidence showed that the father was fully aware that he had signed a consent to the adoption and there was substantial [...]
Criminal Law: Uncharged Crime - Murder Trial - Relevance
State v. Madison (MLW No. 60170/Case No. SD29325 - 13 pages) (Missouri Court of Appeals, Southern District, Burrell, J.)
Where a trial court allowed an officer in a murder trial to testify that the defendant at the time of arrest asked if he was being arrested for a “sales charge,” the court did not err in [...]
Contracts: Real Estate - Fraud - Rescission
Goldiluxe, LLC v. Abbott (MLW No. 60169/Case No. SD29560 - 7 pages) (Missouri Court of Appeals, Southern District, Scott, C.J.)
Even though a seller fraudulently misrepresented property by not informing the buyer that someone with a methamphetamine conviction lived on the property, the buyer continued to run the property for a year after discovering the fraud [...]
Arbitration: Interest - Post-Award - Jurisdiction
Cannon General Contractors, Inc. v. Mock (MLW No. 60167/Case No. SD29761 - 5 pages) (Missouri Court of Appeals, Southern District, Scott, C.J.)
Where a trial court confirmed an arbitration award to a contractor after a construction dispute with the owner, the court erred in finding it lacked jurisdiction to grant post-award interest, so interest should be [...]
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 [...]
Unemployment Compensation: Denial Of Benefits - Misconduct - Drug Test
Ward v. The Durham Company (MLW No. 60128/Case No. SD29748 - 4 pages) (Missouri Court of Appeals, Southern District, Lynch, P.J.)
Where a claimant of unemployment compensation benefits refused to take a drug test per company policy after damaging his employer’s property, claimant’s refusal was a deliberate violation of the employer’s rules and thus misconduct to [...]
Criminal Law: EMT Testimony - Prejudice
State v. Cothern (MLW No. 60129/Case No. SD29669 - 4 pages) (Missouri Court of Appeals, Southern District, Scott, C.J.)
Where a defendant objected to testimony from an emergency medical technician about a shooting victim’s condition and wound as invading the province of the jury, the trial court did not abuse its discretion in allowing the question [...]