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Court of Appeals, Eastern District

Insurance: Homeowners’ Insurance- Coverage- Vexatious Refusal to Pay

Plaintiffs appealed the grant of summary judgment to plaintiffs’ homeowners insurer after their insurer declined to pay losses arising from the construction of an addition to plaintiffs’ residence. Plaintiffs challenged the circuit court’s conclusion that there was no coverage under ...

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Insurance: Business-Liability Policy- Equitable Garnishment- Duty to Indemnify

Plaintiffs appealed from the grant of summary judgment to defendant on plaintiffs’ equitable garnishment action, after plaintiffs obtained a judgment against defendant’s insured, after defendant denied coverage under a business-liability policy. Plaintiffs argued defendant had a duty to defend its ...

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Employer-Employee: Unemployment Benefits- Eligibility- Discharge for Misconduct

Defendant appealed the decision reversing the denial of plaintiff’s application for unemployment benefits. Plaintiff was initially found to have committed misconduct in connection with her discharge. On appeal, defendant argued that the facts of plaintiff’s yelling at her supervisor, storming ...

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Employer-Employee: Disability Discrimination- Arbitration Agreement- Consideration

Defendants appealed the denial of their motion to compel arbitration. Defendants sought to arbitrate plaintiff’s disability-discrimination claim pursuant to an employment agreement. The trial court ruled the arbitration provision in the agreement unenforceable because plaintiff’s at-will employment was not valid ...

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Criminal Law: Theft- Legality of Sentence- Post-Conviction Relief

Plaintiff appealed the denial of his motion for post-conviction relief, arguing that his sentence for felony stealing was unlawful under the Missouri Supreme Court decision of State v. Bazell, 487 S.W.3d 263. The trial court denied the motion as untimely. ...

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Contracts: Recovery for Medical Services- Lien upon Settlement- Hospital Lien

Plaintiff appealed the grant of summary judgment to defendant. Plaintiff sought to recover for medical services provided to defendant’s client from settlement funds from an underlying tort action. Although the parties executed a “guaranty”, defendant argued that plaintiff’s failure to ...

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Real Property: Homeless Shelter -Plat-and-Petition Requirement -School Spacing Requirement

Where operation of transient housing was prohibited without licensure, plat-and-petition requirement for homeless was not unconstitutional or inapplicable to a church; however, exemption to school spacing requirement was arbitrary for failing to consider detrimental effects of shelter on adjacent school. ...

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Employer-Employee: Dismissal from Employment- Neglect of Duty- Sufficiency of Evidence

Plaintiff appealed the judgment affirming the civil service commission’s judgment dismissing defendant from employment with the St. Louis Airport Police Department for neglect of duty when he failed to correct a report he had reunited lost property with its owner ...

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Domestic Relations: Order of Protection- Financial Obligations- Civil Contempt

Plaintiff appealed the judgment denying her motion to hold defendant, her ex-husband, in civil contempt for failing to fulfill financial obligations under an order of protection. The order required defendant to pay plaintiff for mortgage payments. The trial court denied ...

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Criminal Law: Refusal of Breathalyzer- Revocation of Driving Privileges- Probable Cause for Arrest

Defendant appealed the judgment upholding the revocation of defendant’s driving privileges following his refusal of a breathalyzer. After police received reports of an abandoned crashed vehicle, they detained defendant, who matched the description of the driver and who displayed signs ...

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Criminal Law: Post-Conviction Relief- Untimely Amended Motion- Abandonment by Counsel

Defendant appealed from the denial of his amended motion for post-conviction relief, following his guilty plea to second-degree murder. Counsel filed appearance after defendant filed a pro se motion for relief; however, counsel failed to timely file an amended motion ...

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