Missouri Court of Appeals, Southern District Digest: Aug. 16, 2021

Attorneys

Sanctions Order

COVID-19 Exposure

Bad Faith

Where an office of the Missouri public defenders sought a permanent writ of prohibition after a trial court sanctioned the office by ordering it to pay $762 because an attorney from the office traveled to Mexico the week before he was scheduled to try a jury case in front of the trial court, with the court continuing the trial on the ground that the attorney would expose the court personnel and jury to COVID-19, the preliminary writ is made permanent because there was no finding that the office or the attorney acted in bad faith by approving and then engaging in international travel.

Preliminary writ of prohibition made permanent.

State ex rel. Area 25 Trial Office v. Clayton (MLW No. 77164/Case No. SD37064 – 8 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Original proceeding in prohibition (Gregory J. Mermelstein, Columbia, MO for relator) (Kevin S. Hillman, Waynesville, MO prosecuting attorney) (Kenneth Gordon Clayton, MO pro se).

https://www.courts.mo.gov/file.jsp?id=179273

Civil Practice

Failure To State Claim

Loan Guaranty

Where plaintiff brought claims including breach of contract and fraudulent misrepresentation against a bank concerning a loan guaranty, the judgment entered was final and appealable, and the trial court correctly decided that the petition failed to state a claim upon which relief could be granted, so the judgment is affirmed.

Judgment is affirmed.

Siebert v. Peoples Bank (MLW No. 77165/Case No. SD36814 – 14 pages) (Missouri Court of Appeals, Southern District, Bates, J.) Appealed from circuit court, Crawford County, Seay, J. (John Matthew Reynolds, St. Louis, MO for appellant) (R. Brooks Kenagy III, Steelville, MO for respondent).

https://www.courts.mo.gov/file.jsp?id=179274