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Court of Appeals, Southern District

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Civil Practice: Sanctions – Default Judgment – Exclusive Remedy

Thompson v. Rockett (MLW No. 60740/Case No. SD30015 – 11 pages) (Missouri Court of Appeals, Southern District, Bates, P.J.) Where a defendant in a personal injury action argued that the trial court lacked statutory authority to award damages to the ...

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Negligence: Legal Malpractice -Post-Conviction Attorney – Actual Innocence

Kuehne v. Hogan (Case No. WD71130 – 21 pages) Where a criminal defendant brought a legal malpractice claim against his post-conviction attorney, dismissal of his petition is affirmed in a case of first impression because a defendant must first show ...

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Workers’ Compensation: Occupational Disease – Date Of Injury – Asbestosis

McGhee v. W.R. Grace & Co. (/Case No. SD30060/SD30065 – 20 pages) (1)Where a workers’ compensation claimant, who was last exposed to asbestos in 1977, was diagnosed with asbestosis in 2001, the commission erred in applying the $95 weekly benefits ...

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Domestic Relations: Child Support – Modification – Newborn Child

Cross v. Cross (MLW No. 60709/Case No. WD71386/71439 – 16 pages) (Missouri Court of Appeals, Western District, Witt, J.) (1)Where a father, who moved for a reduction in child support, sent a resignation letter to one of his two full-time ...

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Tort: Conversion – Account Proceeds – Competency

Hahn v. Tanksley, et al. (MLW No. 60706/Case No. SD29751 – 19 pages) (Missouri Court of Appeals, Southern District, Bates, P.J.) Where plaintiff sued his two daughters and their husbands to set aside a deed and to recover proceeds from ...

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Driver’s License: DWI – Breath Test Refusal – Continuance

Neal v. Director (MLW No. 60707/Case No. SD29758 – 5 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Where the Director of Revenue in a DWI case sought a continuance, the request met the requirements of Section 517.071.1, so ...

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Child Custody: Unfit Mother – Marital Property

Johnson v. Debyle (MLW No. 60705/Case No. SD29612 – 7 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Domestic Relations (1)Where a mother declared to be unfit appealed the award of custody to the father arguing that her parents ...

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Criminal Law: Stalking – Credible Threat – Multiple Counts

State v. McCauley (MLW No. 60714Case No. SD29723 – 7 pages) (Missouri Court of Appeals, Southern District, Lynch, P.J.) Where a defendant called a victim at least 124 times at work over four days, threatening her life, sufficient evidence supported ...

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Contracts: Real Property – Rescission – Shared Home

Greenstreet v. Fairchild (MLW No. 60704/Case No. 29787 – 16 pages) (Missouri Court of Appeals, Southern District, Lynch, P.J.) Where buyers and sellers of real property became involved in a dispute while sharing the home until the full purchase price ...

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