Missouri Lawyers Media Missouri legal news and public notices

Where a woman, who developed an infection following a tummy-tuck surgery, sought an equitable garnishment from a health care insurer to satisfy a $500,000 judgment against her doctor, the judgment is affirmed because the trial court properly determined that the ...

Tagged with: duty to defend equitable garnishment medical malpractice

Defendants appealed from the denial of their claim to reform a warranty deed that granted plaintiffs, defendants’ neighbors, an egress/ingress easement. On appeal, defendants challenged the trial court’s application of the law and the weight of the evidence supporting the ...

Tagged with: Egress/Ingress Easement Weight of the Evidence

Defendant appealed from the denial of his adverse possession claim. Plaintiffs had purchased the disputed property and later sought to fence it off, finding no functional or visible border or fencing. Defendant disputed the property line and clouded the title ...

Tagged with: Adverse Possession Sufficiency Of Evidence

Defendant, who was found guilty of two counts of second-degree murder and sentenced to life imprisonment, appealed the denial of his motion for post-conviction relief, which alleged that trial counsel was ineffective for requesting the jury be instructed on lesser-included ...

Tagged with: Post-Conviction Relief Requesting Lesser-Included Offenses

The Missouri State Highway Patrol appealed the trial court’s judgment granting petitioner’s petition to expunge his criminal record. The MSHP argued that the trial court erred in granting expungement when petitioner pleaded guilty to a subsequent misdemeanor less than seven ...

Tagged with: Expungement of Record Subsequent Offense

The state appealed from the order quashing a search warrant and suppressing evidence in defendant’s trial on charges for domestic assault, endangering the welfare of a child and abuse or neglect of a child. The state argued that the warrant ...

Tagged with: domestic assault Suppression of Evidence

Where a homeowner challenged a judgment against him for violations of city’s property maintenance code by allowing bare dirt in his back yard and keeping chickens closer than 150 feet from his lot line, the homeowner did not suffer any ...

Tagged with: Chicken-Keeping Zoning

Where homeowners challenged the grant of adverse summary judgment in a quiet title and ejectment action, arguing that a genuine issue of material fact existed as to whether the tax lien certificate on their property was sold to a prohibited ...

Tagged with: Ejectment Prohibited Purchaser Quiet Title

Where a trial court reinstated a driver’s license because the printer connected to the breathalyzer test lost power before it produced a ticket, finding that the officer failed to strictly comply with the operational check list, the judgment is reversed ...

Tagged with: Breathalyzer Test Powerless Printer Substantial Compliance

Where a father challenged a trial court’s judgment granting in part and denying in part his motion to modify child custody and support, the trial court failed to make the statutorily required findings, so the judgment is reversed and remanded. ...

Tagged with: Child Custody Child Support Required Findings

Where a university staff scientist, who suffered from herniated discs, sued the university and a supervisor for retaliation after her termination, on an issue of first impression the court finds that an accommodation request under the Missouri Human Rights Act ...

Tagged with: Accommodation Request MHRA Retaliation