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Court of Appeals, Southern District

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Tort: Malicious Prosecution – Advice Of Counsel – Credibility

Ehrhardt v. Herschend (MLW No. 59197/Case No. SD29058 – 5 pages) (Missouri Court of Appeals, Southern District, Parrish, J.) Where plaintiff filed an action for malicious prosecution after prevailing in a defamation action brought against him by the defendant, the ...

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Domestic Relations: Child Custody – Parenting Time – Annual Rotation

Carlton v. Walters (MLW No. 59195/Case No. SD28879 – 11 pages) (Missouri Court of Appeals, Southern District, Lynch, C.J.) Where a trial court entered a parenting plan that required a child to change schools on an annual basis to rotate ...

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Missouri Court of Appeals Southern District: Domestic Relations

Carlton v. Walters (Case No. SD28879 – 11 pages) (Missouri Court of Appeals, Southern District, Lynch, C.J.) Child Custody – Parenting Time – Annual Rotation Where a trial court entered a parenting plan that required a child to change schools ...

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Real Property: Quiet Title Action – Adverse Possession – Evidence

Snow v. Ingenthron (MLW No. 59166/Case No. SD29193 – 8 pages) (Missouri Court of Appeals, Southern District, Parrish, J.) Where a plaintiff in a quiet title action showed that he fenced the disputed area to separate it from defendants’ property ...

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Criminal Law: Post-Conviction Motion – Sentencing – Misstatement Of Fact

Edelman v. State (MLW No. 59165/Case No. SD29248 – 4 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.) Where a defendant argued for post-conviction relief based on a judge’s misstatement of a fact in his second-degree murder case as ...

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Criminal Law: Handcuffs – Booking Photograph – Evidence

State v. Snowden (MLW No. 59164/Case No. SD29210 – 15 pages) (Missouri Court of Appeals, Southern District, Lynch, C.J.) (1)Where a defendant who was convicted for unlawful use of a weapon claimed that he was led past a juror while ...

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Appellate Practice: Inadequate Brief – Pro Se Appellant – Rule 84.04

Worley v. Hoffman, et al. (MLW No. 59168/Case No. SD29088 – 3 pages) (Missouri Court of Appeals, Southern District, per curiam) Where a police officer appealed the denial of duty-related benefits, the pro se brief included an insufficient statement of ...

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Negligence: Wrongful Death – Instructions – Damages

Coleman v. Meritt (MLW No. 59136/Case No. SD28678/SD28680 – 10 pages) (Missouri Court of Appeals, Southern District, Scott, P.J.) (1)Where a defendant radiologist in a wrongful death case challenged the foundation of plaintiff’s expert testimony that the radiologist breached his ...

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Negligence: Auto Accident – Undisclosed Witness – Comparative Fault Instruction

Thompson v. Marler (MLW No. 59138/Case No. SD28823 – 16 pages) (Missouri Court of Appeals, Southern District, Parrish, J.) (1)Where witnesses who were previously undisclosed to plaintiff testified at her auto-accident, personal injury trial, the trial court did not abuse ...

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