Please ensure Javascript is enabled for purposes of website accessibility
Don't miss
Home / Opinions / Courts / Court of Appeals, Southern District (page 15)

Court of Appeals, Southern District

To look for specific case numbers, use the search box at the top right of this page. Type in the case number (for example: 20-3170) into the box, and if the opinion is available, it will be in the results.

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 ...

Read More »

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 On appeal, defendant argued that the non-compete was overbroad, that his acceptance of a subsequent job superseded his agreement containing the non-compete covenant, and that the non-compete ...

Read More »

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 ...

Read More »

Consumer Law: Missouri Merchandising Practices Act-Award of Rescission

Defendant appealed from the judgment in favor of the attorney general for defendants’ violations of the Missouri Merchandising Practices Act and from the award of “rescission” to the attorney general. The attorney general’s complaint alleged that defendants had sold a ...

Read More »

Criminal Law: Warrantless Search-Consent

Where the state challenged a pretrial order suppressing evidence seized in a warrantless traffic stop, the trial court erred in suppressing drugs seized from the defendant’s vehicle because the defendant effectively consented to the search during a valid traffic stop. ...

Read More »

Criminal Law: Careless Driving-Expert Witness-Plain Error Review

Where a defendant challenged his conviction for careless and imprudent driving after his semi-truck struck and killed the driver of a farming vehicle, arguing that the trial court should have excluded from evidence certain testimony from the state’s expert witness, ...

Read More »

Real Property: Egress/Ingress Easement-Weight of the Evidence

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 ...

Read More »