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Court of Appeals, Southern District

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Domestic Relations: Separation Agreement-Child-Support Arrearages

Defendant appealed the judgment of the trial court finding defendant liable for a share of the higher education expenses of the parties’ daughter. The parties’ separation agreement, made part of their divorce decree, required each parent to pay 50 percent ...

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Domestic Relations: Unauthorized Treatment Court Division-Prohibition Proceeding

Relator filed a petition for writ of prohibition seeking an order directing respondent to cease operation of a “domestic abuse court,” which was an unauthorized treatment court division created by respondent, who placed defendants in the DAC as a special ...

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Criminal Law: Possession of Controlled Substance-Abandonment by Appointed Counsel

Defendant appealed the denial of his Rule 24.035 motion, filed after he pleaded guilty, pursuant to a plea agreement, to possession of a controlled substance while on probation, and had his probation revoked and his suspended sentences reinstated. Defendant was ...

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Insurance: Automobile Coverage-Stacking

Defendant appealed the summary judgment entered in favor of plaintiff in its declaratory-judgment action. Defendant had sought an additional $50,000 in liability coverage from a policy defendant had issued to Terry Ozborn and Matthew Ozborn, father and son. Defendant argued ...

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Contracts: Limited Liability Company-Ouster of Majority Member

Defendants appealed the judgment entered in favor of plaintiffs, following a jury verdict finding that defendant minority members’ attempt to oust majority member plaintiff Meadowfresh Solutions USA LLC from the company and remove plaintiff John Fulton as managing member caused ...

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Contracts: Breach-Appointment of Receiver

Plaintiffs filed suit against defendants. During the pendency of the action, plaintiffs moved for appointment of a receiver. Although the motion was granted, no receiver was appointed. The case proceeded to a jury trial, where plaintiffs received judgment in their ...

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Criminal Law: Discharging Firearm at Inhabited Structure-Ineffective Assistance of Counsel

Defendant was charged with knowingly discharging a firearm at an inhabitable structure. The state offered a plea deal to reduce his charge and impose a four-year sentence with no opportunity for probation. Wanting to seek probation, defendant rejected the offer ...

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