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Appeal Is Late Even If Within 30-Day Period Of Judgment

Appellate Practice Appeal Is Late Even If Within 30-Day Period Of Judgment When does a judgment become “final” for purposes of counting your 10 day period in which to file a notice of appeal? One important aspect of this problem ...

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Landowner May Be Liable To Police Officer

Where a police officer was injured when stairs collapsed during a routine building check, the “firefighter’s rule” does not bar his suit against the landowners, the Missouri Supreme Court has held. This is because the firefighter’s rule only applies in ...

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Reversal On Liability Necessarily Loses Damages

Where the issue of railroad’s liability for plaintiff’s injuries in a comparative fault case was reversed and remanded, the damages award of $1.5 million also had to be reversed and remanded. Since the adoption of comparative fault in Missouri, cases ...

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No Landowner Liability To Trespasser

The Missouri Supreme Court has reaffirmed that a landowner has no duty of care to an injured plaintiff whose status as a trespasser has been established. The May 25 ruling in Seward v. Terminal Railroad Association of St. Louis, MLW ...

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Legislation Passed To Establish New 'Family Courts' In Missouri

Many counties in Missouri may soon have a new “Family Court” under a bill passed unanimously by the General Assembly and expected to be signed by Gov. Mel Carnahan. The court will have original jurisdiction over divorce, separation, annulment, child ...

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Pleading Can Be Hazardous In Associate Division Cases

Civil Practice Pleading Can Be Hazardous In Associate Division Cases The less formal procedures of associate circuit court can be hazardous to your practice, especially when a case starts at the associate level but is later transferred to circuit court ...

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Courts In Conflict About Test To Modify Visitation

A holding that the “best interests” of the child are the only consideration for a modification of visitation rights has set up a direct conflict within the Missouri Court of Appeals. The case is James v. James, MLW No. DS-6228, ...

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ADR, Fast Track Dockets Recommended In St. Louis

A St. Louis task force of lawyers and judges has recommended heavier use of alternative dispute resolution (ADR) techniques, fast track dockets for personal injury cases, early assignment of presumptive trial dates, use of discovery scheduling orders, and promotion of ...

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Help Your Judge And Yourself With Form 14 Calculations

Family Law Help Your Judge And Yourself With Form 14 Calculations Help your judge make the right findings when dealing with child support and Form 14, or the appellate court will tell you both to do it all over again. ...

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Bank Fails In Effort To Keep Surplus Money In Condemnation

Where the Highway Commission condemned some land, paid into court a $293,000 commissioner’s award, then tried the case on exceptions filed and got a judgment that the value of the condemned land was $127,000, the Highway Commission could seek restitution ...

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Protectee's Death Voids Conservators' Contract

Where co-conservators, acting under a court order, signed a contract to sell real estate from the conservatorship estate but the protectee died hours before the conservators filed their Report of Private Sale with the probate court, the court had no ...

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