Missouri Lawyers Media Missouri legal news and public notices

Where the brief of an appellant in a dispute involving claims of intentional interference with contract and breaches of a contract and lease agreement included significant briefing deficiencies, which included a point relied on that failed to identify how the ...

Tagged with: Contract Case Inadequate Brief

Where a defendant challenged the denial of his Rule 24.035 motion following an evidentiary hearing, the trial court did not err in entering  a 2016 guilty plea on one count of class D felony violation of an order of protection ...

Tagged with: Miranda Post-Conviction Relief

Where a father challenged a probate court order appointing his child’s grandmother as the guardian for the child, the trial court did not err in finding that there was sufficient evidence to show that he was unwilling, unable or unfit ...

Tagged with: Fitness Guardianship Sufficiency Of Evidence

Where the family of a man who died in an accident at a assembly plant sued the plant owner for wrongful death, the trial court did not err in refusing to allow a plant witness to testify because he had ...

Tagged with: Dangerous Condition Failure To Warn wrongful death

Where a mortgage company challenged a judgment quieting title to a homeowner, arguing that her quiet title and slander of title claims were barred by the applicable statutes of limitation, the resolution of the timely declaratory-relief claims controlled the resolution ...

Tagged with: Quiet Title Slander of Title Statute Of Limitations

Plaintiff appealed from the judgment dissolving his marriage to defendant, specifically the portion of the equitable-distribution order that directed plaintiff to pay a cash-equalization payment to defendant. Plaintiff argued that the payment represented half the value of his retirement account, ...

Tagged with: divorce Equalization Payment Equitable Distribution

Defendant filed a pro se motion for post-conviction relief, which included an in forma pauperis affidavit claiming indigence due to incarceration. Defendant requested appointment of counsel, but none was appointed. The trial court denied the motion as untimely. Where the ...

Tagged with: Failure to Appoint Counsel Post-Conviction Relief timeliness

Petitioner petitioned for declaratory judgment, claiming he was entitled to six years of additional jail credits towards his sentences. The trial court dismissed the petition for lack of subject matter jurisdiction, concurring the department that petitioner had failed to exhaust ...

Tagged with: Credit for Time Served Failure to Exhaust Administrative Remedies Subject Matter Jurisdiction

Defendant appealed his conviction for third-degree assault, arguing that the trial court improperly allowed the prosecutor, during closing argument, to read a statute addressing the offense of resisting arrest and to read appellate cases discussing the physical force required to ...

Tagged with: Assault Discussion of Uncharged Statute jury instructions

Kansas City Power & Light Company appealed an order of rulemaking issues by the Public Service Commission. The PSC adopted a new rule relating to certificates of convenience and necessity. On appeal, the company argued that the rule exceeded the ...

Tagged with: Certificates of Convenience and Necessity Statutory Authority Validity of Rule

Where parents whose daughter was killed in an auto accident sued the mother of the allegedly negligent driver of the vehicle in which the daughter was a passenger, arguing that the mother negligently entrusted the vehicle to her son although ...

Tagged with: control Negligent Entrustment