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Court of Appeals, Southern District

Domestic Relations: Divorce-Motion to Dismiss Appeal

Husband appealed from the trial court’s judgment of dissolution of marriage. Wife moved to dismiss husband’s appeal due to Rule 84.04 violations and other briefing deficiencies. Where husband failed to include concise statements describing where the errors complained of on ...

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Criminal Law: Assault-Defense of Property

Defendant appealed his conviction for first-degree assault, arguing that the trial court erred in rejecting his proffered jury instructions because there was sufficient evidence to support a theory of defense of property. Where there was no evidence that the victim ...

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Domestic Relations: Grandparent Visitation Rights-Denial of Reasonable Visitation

Mother appealed from the judgment granting grandparent visitation rights with mother’s son to the child’s paternal grandfather, the father of mother’s deceased husband. Mother argued that she did not deny grandfather reasonable visitation for a period exceeding 90 days. Where ...

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Insurance: Medical Lien Statutes-Lien Against Insurance/Tort Recovery

Plaintiff was injured in a car crash and sought treatment from defendant. The parties entered a UCC lien in which plaintiff granted defendant a security interest in any proceeds plaintiff would receive from insurance or a tortfeasor. Plaintiff further purported ...

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Criminal Law: Drug Trafficking-Compulsion of Co-Defendant’s Testimony

Defendant appealed from his conviction for drug trafficking. On appeal, defendant challenged the sufficiency of the evidence supporting his conviction and further challenged the trial court’s refusal to compel defendant’s co-defendant to testify. Where co-defendant who pleaded guilty remained in ...

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Employment: Workers’ Compensation-Weight of the Evidence

Claimant appealed from the denial of his workers’ compensation claim, challenging the compensation judge’s credibility determinations and weight of the evidence. The administrative law judge expressly found that claimant was not a credible witness and that his medical expert was ...

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Domestic Relations: Order of Protection-Sufficiency of Evidence of Predicate Acts

Defendant appealed from the order of protection, arguing that there was insufficient evidence to support the trial court’s finding that defendant’s conduct constituted stalking or harassment and that the trial court failed to consider the harm to defendant from the ...

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Criminal Law: Domestic Assault-Persistent Assault Offender

Defendant appealed from his conviction for second-degree domestic assault and his 12-year sentence as a persistent assault offender. The state conceded that defendant’s sentence was in error. Where one of defendant’s assault convictions was entered a week after the present ...

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