Domestic Relations: Marital Property - Disability Pension - Failure To Divide  (access required)

Nardini v. Nardini (MLW No. 60371/Case No. SD29692 - 10 pages) (Missouri Court of Appeals, Southern District, Lynch, P.J.)
Where a trial court in a dissolution failed to divide all of the parties’ property, including the husband’s disability pension, the judgment was not final, so an appeal must be dismissed. 
Appeal is dismissed.
Nardini v. Nardini (MLW No. [...]

Criminal Law: Traffic Stop - Pat-Down Search - Probable Cause (access required)

State v. Gambow (MLW No. 60370/Case No. SD30076 - 4 pages) (Missouri Court of Appeals, Southern District, Scott, C.J.)
Where an officer stopped a car for speeding and after smelling marijuana conducted a pat-down search of a passenger, the officer had probable cause for the traffic stop and consent for a vehicle search, but the officer [...]

Criminal Law: Post-Conviction Relief - Effectiveness Of Counsel - Pro Se Claims (access required)

Hardy v. State (MLW No. 60372/Case No. SD29650 - 6 pages) (Missouri Court of Appeals, Southern District, Scott, C.J.)
Where a defendant in a first-degree murder case claimed his trial counsel was ineffective for failing to impeach a witness with inconsistencies from his testimony about the location of the victim when shot, the motion court properly [...]

Real Property: Tax Sale - Right To Redeem - Notice  (access required)

Drake Development & Construction v. Jacob Holdings, Inc. (MLW No. 60369Case No. SD29582 - 6 pages) (Missouri Court of Appeals, Southern District, Sweeney, Sp. J.)
Where a notice informing a landowner that a property would be sold at a tax sale failed to inform the owner of when the right to redeem expired, the notice did [...]

Criminal Law: Post-Conviction Relief - Escape Rule (access required)

Stevens v. State (MLW No. 60368/Case No. SD29627 - 5 pages) (Missouri Court of Appeals, Southern District, Bates, J.)
Where a defendant failed to appear for a pretrial conference and a jury trial requiring two warrants to be issued for his arrest and then he went missing for almost a year while on probation, the escape [...]

Workers’ Compensation: Second Injury Fund - Past Medical Benefits - Payment To Claimant  (access required)

Skinner v. Morgan, et al. (MLW No. 60332/Case No. SD30019 - 8 pages) (Missouri Court of Appeals, Southern District, Lynch, P.J.)
Where the Labor and Industrial Relations Commission ordered the Second Injury Fund to pay a claimant for his past medical benefits instead of making payment to the medical providers, which the fund argued was erroneous, [...]

Negligence: Wrongful Death - Settlement Proceeds - Apportionment  (access required)

Banner v. Owsley (MLW No. 60333/Case No. SD29802 - 14 pages) (Missouri Court of Appeals, Southern District, Quitno, Sp. J.)
Where a trial court apportioned a wrongful death settlement so that a son, from an earlier relationship and whom the decedent did not support, received only 5 percent with greater percentages going to his mother, wife [...]

Corporate: Close Corporation - Dissolution - Shareholder Oppression  (access required)

Waters v. G&B Feeds, Inc. (MLW No. 60335/Case No. SD29745 - 18 pages) (Missouri Court of Appeals, Southern District, Barney, J.)
Where a trial court found that a corporate officer disregarded plaintiff’s interests as a shareholder by operating the business and making decisions without seeking her assent, borrowing money and refinancing debt without her input or [...]

Criminal Law: Drug Possession - Joint Control - Sufficiency Of Evidence  (access required)

State v. Buford (MLW No. 60336/Case No. SD29601 - 18 pages) (Missouri Court of Appeals, Southern District, Burrell, J.)
Where all three occupants of a vehicle acted nervous during a traffic stop, all three had outstanding warrants and crack cocaine was found on the floorboard near the defendant’s feet, nervousness or proximity alone is not enough [...]

Contracts: Breach Of Contract - Negligence - Plumbing Work (access required)

DeLong Plumbing Two, Inc. v. 3050 N. Kenwood LLC (MLW No. 60334/Case No. SD29589 - 9 pages) (Missouri Court of Appeals, Southern District, Burrell, J.)
Where a plumbing company sued a property owner for breach of contract after the owner failed to pay for work and the owner brought a counterclaim for negligence, substantial evidence supported [...]

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