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Appellate Practice

Staff Report//January 9, 2009//

Appellate Practice

Staff Report//January 9, 2009//

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  • Enforcement of Settlement
  • Order
  • Finality

Where a trial court issued an order granting a motion to enforce a settlement, the order left unresolved issues and was not final for purposes of appeal.

 

Appeal is dismissed.

 

St. Louis Union Station Holdings, Inc. v. The Discovery Channel Store, Inc. (MLW No. 58473/Case No. ED91374 – 4 pages) (Missouri Court of Appeals, Eastern District, Cohen, J.) Appealed from circuit court, St. Louis City, Dowd, J. (David O. Kreuter, Clayton, for appellant) (Mark F. Hearne II, St. Louis, and Lindsay S.C. Brinton for respondent).

 

  • Mootness
  • Sex Offender Registration Act
  • Earlier Convictions

Even though a sex offender’s conviction in Iowa predated the enactment of Missouri’s Sex Offender Registration Act, the offender had a pre-existing duty to register in Iowa, so registration in Missouri did not impose a new obligation on the offender but was a continuation of his pre-existing duty, and because the Sex Offenders Registration and Notification Act imposes an obligation on offender to register in Missouri under SORA regardless of the date of the triggering offense, a decision by this court would not grant effectual relief and the appeal must be dismissed as moot.

 

Appeal is dismissed.

 

Doe v. Lee (MLW No. 58475/Case No. ED90404 – 8 pages) (Missouri Court of Appeals, Eastern District, Baker, C.J.) Appealed from circuit court, St. Louis County, Farragut-Hemphill, J. (Lawrence Fleming, St. Louis, for appellant) (Luke Meiners, Clayton, and Michael Pritchett, Jefferson City, for respondents).

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