Missouri Court of Appeals, Western District Digest: Nov. 8, 2021

Civil Practice

Claim Splitting

Reply And Answer

Excusable Neglect

Where a plaintiff in an employment discrimination action argued that the trial court erred in granting summary judgment to the employer on the basis of claim splitting, the court erred in concluding that no excusable neglect was shown to support a Rule 44.01(b) enlargement of time for a reply to be filed to the employer’s amended answer to allow the plaintiff to assert the affirmative avoidance of acquiescence to the affirmative defense of claim splitting relied on by the employer in the summary judgment motion.

Judgment is reversed and remanded.

Steinbach v. Maxion Wheels Sedalia LLC (MLW No. 77516/Case No. WD84502 – 29 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Pettis County, Koffman, J. (Martin M. Meyers, Kansas City, MO for appellant) (J. Randall Coffey and James C. Sullivan Kansas City, MO for respondent).

https://www.courts.mo.gov/file.jsp?id=181695

Domestic Relations

Validity Of Marriage

Lack Of License

Equitable Estoppel

Where a man challenged a judgment dissolving his marriage, arguing that a valid marriage did not exist between the two because they had failed to obtain a marriage license as required by statute and Missouri does not recognize common-law marriage, the presumption that a ceremonial marriage existed was supported by the fact that the couple had a wedding ceremony attended by more than 100 guests, cohabitated for 27 years, had children and held themselves out as married for purposes such as taxes and mortgages, so as a presumptive spouse, the man could not use equitable estoppel to assert that the marriage was void.

Judgment is affirmed.

Aldrich v. Aldrich (MLW No. 77518/Case No. WD84127 – 10 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Appealed from circuit court, Johnson County, Teichman, J. (Douglas B. Harris, Warrensburg, MO for respondent) (Ashley N. Irwin, Lee’s Summit, MO for appellant).

https://www.courts.mo.gov/file.jsp?id=181693

Driver’s License

Revocation

Personal Jurisdiction

Service Of Process

Where the state challenged the denial of its motion for a new trial or to set aside the judgment in a driver’s license revocation case, the trial court erred in denying the state’s motion and the judgment is void because there was no jurisdiction over the Director of Revenue since the Director was not properly served and did not waive the lack of service.

Judgment is reversed and remanded.

Gabbert v. State (MLW No. 77517/Case No. WD84168 – 5 pages) (Missouri Court of Appeals, Western District, Thomson, J.) Appealed from circuit court, Randolph County, Cooksey, J. (Gillis C. Leonard for respondent) (Annabelle D. Attias for appellants).

https://www.courts.mo.gov/file.jsp?id=181694