Missouri Lawyers Media Missouri legal news and public notices

Where homeowners sought a prescriptive easement or an easement by necessity in a dispute with their neighbors over access to a road, testimony showed that use of the road by the homeowners had been permissive, so the plaintiffs failed to ...

Tagged with: Adverse Possession Prescriptive Easement Real Property

Where a homeowners association filed a petition alleging homeowners violated a subdivision indenture by erecting a shed without seeking approval, the trial court erred in dismissing the petition based on a finding that the association lacked standing because the legal ...

Tagged with: Real Property Standing

Where the state showed that a defendant in an involuntary manslaughter case drove on the wrong side of the road and was intoxicated, the evidence was sufficient to show that the defendant was criminally negligent to support the conviction, and ...

Tagged with: Criminal Law evidence Involuntary Manslaughter

Where a defendant claiming error in his sentencing brought a direct appeal from a guilty plea, the claim was outside of the appellate court’s limited review of guilty pleas and his appropriate remedy was to file a Rule 24.035 motion. ...

Tagged with: Criminal Law Guilty Plea sentencing

Where a husband appealed a trial court’s judgment granting his wife a full order of protection against him, the order expired during the pendency of the appeal, so the case is dismissed as moot. Appeal is dismissed. Carlisle v. Carlisle ...

Tagged with: civil practice mootness Order Of Protection

CGL policy; new definition   ED91442 John Grable and Tammy Grable, Plaintiffs/Appellants, v. Atlantic Casualty Insurance Co., Defendant/Respondent Appeal From: St. Louis County Circuit Court, Judge James R. Hartenbach Handdown Date: 1/30/2009 Opinion By: Judge Kathianne Knaup Crane Opinion Vote: ...

Tagged with: CGL policy

Inconsistent theories; double recovery   ED90268 Trident Group. LLC and Fazimo Inc., Plaintiffs/Respondents, v. Mississippi Valley Roofing Inc., Defendant/Appellant Appeal From: St. Louis County Circuit Court, Judge Michael T. Jamison Handdown Date: 1/30/2009 Opinion By: Per curiam Opinion Vote: Judges ...

Special assessments; equitable relief   ED90864 Lake Wauwanoka Inc., Respondent, v. John Anton, et al., Appellants Appeal From: Jefferson County Circuit Court, Judge Mark T. Stoll Handdown Date: 1/27/2009 Opinion Author: Judge Kenneth M. Romines Opinion Vote: Judges Baker and ...

Tagged with: equitable relief

Where the holder of a deed of trust appealed a trial court’s judgment giving priority to a judgment lien, the purchase money deed of trust had priority over the prior judgment lien against the vendee of the property, so the ...

Where a mother could not provide a plausible explanation for life-threatening injuries suffered by one of her children while in the care of her boyfriend with whom the mother continued a relationship even after her children were taken into custody ...

Where homeowners appealed a judgment ordering them to pay their shares of a special assessment passed by their subdivision, the trial court had authority to grant the equitable relief as necessary for preserving the common property and the assessment was ...