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Court of Appeals, Southern District

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Criminal Law: Post-Conviction Relief – Effectiveness Of Counsel – Witnesses

Where a criminal defendant did not show that the outcome of her trial would have been different if her trial counsel had called certain witnesses and also failed to show that counsel’s decision not to call a witness was not ...

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Missouri Court of Appeals Southern District: Driver’s license

DWI; test refusal SD28910 Sonja D. Williams, Petitioner-Appellant, v. Director of Revenue, Respondent Appeal From: Pulaski County Circuit Court, Judge Colin P. Long Handdown Date: 2/6/2009 Opinion Author: Judge Don E. Burrell Opinion Vote: Judges Lynch, Scott, Parrish, Barney, Rahmeyer ...

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Missouri Court of Appeals Southern District: Domestic relations

Rehabilitative maintenance; vague order SD28977 Timothy R. Isakson, Appellant, v. Tracie L. Isakson, Respondent Appeal From: Phelps County Circuit Court, Judge Tracy L. Storie Handdown Date: 2/6/2009 Opinion Author: Judge Daniel E. Scott Opinion Vote: Judges Barney and Bates, concur ...

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Insurance: Tort Claims – Mold Exposure – Duty To Warn

Where construction workers, who were exposed to mold during their remodeling of a tornado-damaged home, brought claims of fraudulent misrepresentations, negligence and civil conspiracy against an insurer and a firm that performed an environmental study on the home, the trial ...

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Domestic Relations: Rehabilitative Maintenance – Wife’s Education Expenses – Vague Order

Where a trial court in a dissolution entered an order for the physician husband to pay 100 percent of the wife’s education expenses for obtaining a bachelor’s and master’s degrees but there was no evidence presented of when the wife ...

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Civil Practice: Default Judgment – Motion To Set Aside – Good Cause

Where an insurer filed a motion to intervene and set aside a default judgment entered against an uninsured driver who caused a rear-end auto accident with the insured, a UM insurer has an absolute right to intervene in an action ...

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Appellate Practice: Transcript – Missing Testimony

Where the record on appeal in a driver’s license case was inadequate due to missing testimony and the appellate court could deduce that the testimony was relied upon when the trial court rendered judgment, the judgment is reversed and remanded ...

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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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