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Court of Appeals, Southern District

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Real Property: Quiet Title Action – Property Description – Driveway Dispute

Gensler v. Carver (MLW No. 60581/Case No. SD29767 – 11 pages) (Missouri Court of Appeals, Southern District, Barney, J.) Where landowners involved in a driveway dispute with their neighbors filed a petition to quiet title, a metes and bounds legal ...

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Probate: Estate Inventory – Real Estate Title – Quitclaim Deed

Blair v. Blair (MLW No. 60578/Case No. SD29688 – 8 pages) (Missouri Court of Appeals, Southern District, Bates, P.J.) Where a wife signed a quitclaim deed for a real estate tract before her estranged husband died intestate and the father’s ...

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Negligence: Medical Expenses – Pre-Trial Determination

Hall v. Wal-Mart Stores East (MLW No. 60576/Case No. SD29938 – 5 pages) (Missouri Court of Appeals, Southern District, Scott, C.J.) Where a plaintiff who won a slip-and-fall verdict challenged the pre-trial determination of her medical expenses, under the statute ...

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Domestic Relations: Property Division – Maintenance – Attorney’s Fees

Miller v. Miller (MLW No. 60579/Case No. SD28960/SD29159 – 13 pages) (Missouri Court of Appeals, Southern District, Scott, C.J.) (1)Where a husband challenged the division of marital property as disproportionate because he was charged with the value of investment accounts ...

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Criminal Law: Post-Conviction Relief – Right To Counsel – Waiver

Wilkins v. State (MLW No. 60582/Case No. SD29954 – 12 pages) (Missouri Court of Appeals, Southern District, Barney, J.) Where a defendant argued for post-conviction relief on the basis that his court-appointed counsel conducted an inadequate pre-trial investigation, the denial ...

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Appellate Practice: Judgments – Finality – Quiet Title Action

Atkins, et al. v. Jester, et al. (MLW No. 60577/Case No. SD29922 – 15 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Where the Missouri Baptist Convention appealed a trial court’s dismissal of its action to quiet title to ...

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Administrative: Employee Termination – Judicial Review – Transcript Fee

Ice v. Harris (MLW No. 60580/Case No. SD29973 – 11 pages) (Missouri Court of Appeals, Southern District, Barney, J.) Where an employee, who was terminated for alleged drug use from a state residential services facility, sought judicial review after her ...

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Domestic Relations: Division Of Property – Equalization Payment – Maintenance

Stirewalt  v. Stirewalt (MLW No. 60521/Case No. SD29974 – 15 pages) (Missouri Court of Appeals, Southern District, Barney, J.) (1)Where a husband in a dissolution challenged a $7,000 equalization payment, the parties contributed equally to the marriage, each received their ...

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Appellate Practice: Issue On Appeal – Failure To Preserve – Negligence Case

Riley v. Headland (MLW No. 60520/Case No. SD29716 – 7 pages) (Missouri Court of Appeals, Southern District, Dally, Sp. J.) Where a defendant in a personal injury action objected to plaintiff’s doctor’s testimony as being without foundation and speculative, the ...

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Criminal Law: Post-Conviction Relief – Guilty Plea – Credit Card Theft

Wallace v. State (MLW No. 60518/Case No. SD30040 – 8 pages) (Missouri Court of Appeals, Southern District, Barney, J.) Where a defendant sought post-conviction relief on the basis that the prosecutor stated in the plea hearing that the item that ...

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Public Utilities: Sewer Fees – Authority

Morelock-Ross Properties, Inc. v. English Village Not-For-Profit Sewer Corporation (MLW No. 60519/Case No. SD29868 – 15 pages) (Missouri Court of Appeals, Southern District, Barney, J.) Where a developer challenged a non-profit sewer company’s right to collect an impact fee and ...

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