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Court of Appeals, Southern District

Missouri Court of Appeals Southern District: Probate

Fiduciary duty; summary judgment   SD28613 Robert R, McLean Irrevocable Trust U/A/D, March 31, 1999, by Linda McLean, Trustee, Plaintiffs-Appellants v. Patrick Davis, P.C., et al., Defendants-Respondents Appeal From: Butler County Circuit Court, Judge Mark L. Richardson Handdown Date: 1/26/2009 ...

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Workers’ Compensation: Denial Of Benefits – Compensable Injury – Credibility

Where a worker’s compensation claimant appealed the denial of benefits, the unexplained absence of any reference to a fall at work in her treating doctor’s notes raised a legitimate issue of credibility, and the denial is affirmed because the claimant ...

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Real Property: Use Of Lake – Prescriptive Easement – Adverse Possession

Where landowners sought a declaratory judgment that a lake located mostly on their property was a private, non-navigable waterway and their neighbor-defendants sought to establish an easement by prescription for use of the lake, the defendants’ use of the lake ...

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Workers’ Compensation: Mental Injury – Work-Related Stress – Job Survey

Where an environmental safety manager did not show that his duties were greater than other management personnel at his company and his employer’s records showed that he worked 40-hour weeks and took regular vacations, sufficient evidence supported a finding that ...

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Real Property: Homeowners’ Association – Validity – Water System

Where a homeowners’ association brought an action against homeowners in a dispute over administration of the water system, the trial court erred in finding that the homeowners’ association was the valid successor association for the neighborhood because there was no ...

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Domestic Relations: Marital Property – Disproportionate Division – Misconduct

Where a husband in a dissolution appealed the disproportionate division of marital property, the trial court did not err in finding that the couple’s investment income and retirement benefits were marital property and the court’s finding that husband’s support of ...

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