Missouri Court of Appeals, Western District Digest: Dec. 28, 2020

Administrative Law

License Revocation

Failure To File Brief

Where appellant challenged the revocation of her nursing license, the appellant failed to file an appellant brief as required by Rule 84.05(e), despite notice of dismissal, so her appeal was dismissed and she did not preserve any issue for appellate review and did not sustain her burden to show that the agency decisions were incorrect.

Vacated; remanded.

Unruh v. State Board of Nursing (MLW No. 76074/Case No. WD83507 – 9 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Cole County, Green, J. (Keith G. Liberman, St. Louis, for respondent) (Kevin R. Hall, Jefferson City, for appellant).

https://www.courts.mo.gov/file.jsp?id=170694

Termination

Failure To File Brief

Where appellant challenged the termination of her job as an environmental specialist, the appellant was required to file the first brief as the party aggrieved by the agency action, and the appellant failed to do this despite notice of dismissal, so she did not preserve any issue for appellate review and was unable to sustain her burden to show that the agency decision was incorrect.

Vacated; remanded.

Ritchie v. Gordon (MLW No. 76073/Case No. WD83424 – 10 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Cole County, Green, J. (Patricia Ritchie, pro se) (Deborah B. Yates and Denise G. McElvein, St. Louis, for appellant).

https://www.courts.mo.gov/file.jsp?id=170693

Contracts

Employment Contract

Statute Of Limitations

Equitable Tolling

Where a doctor employed by a university as a resident challenged the dismissal of his petition that included claims of breach of contract and promissory estoppel after his residency was terminated, the appellant doctor’s claim accrued when he received notice of the termination rather than when the termination actually occurred, so the trial court did not err in dismissing the petition on the grounds that it was barred by the five-year statute of limitations, and the appellant did not preserve his equitable tolling argument since it was not raised before the trial court.

Judgment is affirmed.

Brantl v. Curators (MLW No. 76075/Case No. WD83667 – 11 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Appealed from circuit court, Boone County, Asel, J. (George S. Smith, Columbia, for appellant) (Emily W. Little and Paul R. Maguffee, Columbia, for respondent).

https://www.courts.mo.gov/file.jsp?id=170695