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Court of Appeals, Southern District

Domestic Relations: Parenting Plan-Equitable Distribution and Maintenance Award

Wife appealed from the trial court’s dissolution judgment as to the parenting plan, maintenance award, equitable distribution and award of attorney fees in favor of husband. Where wife’s brief failed to comply with the requirements of Rule 84.04, wife failed ...

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Criminal Law: Statutory Rape-Ineffective Assistance of Plea Counsel

Defendant pleaded guilty to statutory rape and statutory sodomy of a single victim. After the trial court heard evidence about an alleged second victim, defendant moved for post-conviction relief, arguing that plea counsel was ineffective for guaranteeing that evidence about ...

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Criminal Law: Criminally Negligent DWI-Sufficiency of Evidence

Defendant appealed from his conviction for criminally negligent DWI. Defendant presented no evidence or testimony at trial, and the jury returned a verdict in six minutes. On appeal, the court found defendant’s brief woefully deficient in its compliance with Rule ...

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Insurance: Negligence-Insurers’ Duty Independent of Policy

Plaintiff filed a negligence action against defendant insurers on a claim of negligence, alleging that they negligently hired a contractor to remediate a leak in plaintiff’s home that subsequently caused plaintiff to become ill. The trial court granted summary judgment ...

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Employment: Non-Compete-Enforceability

Defendant appealed from the trial court’s judgment enforcing a non-compete covenant against defendant. On appeal, defendant argued that the non-compete was overbroad, that his acceptance of a subsequent job superseded his agreement containing the non-compete covenant, and that the non-compete ...

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Criminal Law: Child Molestation-Ineffective Assistance of Counsel

Defendant pleaded guilty, in accordance with a plea agreement, to two counts of child molestation and was sentenced to two concurrent 10-year sentences. Defendant unsuccessfully filed a motion for post-conviction relief, alleging that he received ineffective assistance of counsel when ...

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