Missouri Lawyers Media Missouri legal news and public notices

Even though an officer secured the consent of a resident to search an apartment by claiming she only wanted to enter the residence to seize a marijuana pipe, the trial court did not err in finding the consent to be ...

Tagged with: Consent Criminal Law Search Voluntariness

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 ...

Tagged with: civil practice Default Judgment Good Cause Motion To Set Aside

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 ...

Tagged with: Appellate Practice

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 ...

Tagged with: Fiduciary duty summary judgment

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 ...

Tagged with: Workers' Compensation Law

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 ...

Tagged with: Real Property Law

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 ...

Tagged with: Workers' Compensation Law

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 ...

Tagged with: Real Property Law

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 ...

Tagged with: Family Law