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Court of Appeals, Western District

Workers’ Compensation: Communicable Disease – Causation – Evidence

Vickers v. Department of Public Safety (MLW No. 59028/Case No. WD69233 – 16 pages) (Missouri Court of Appeals, Western District, Lowenstein, J.) Where a workers’ compensation claimant claimed she contracted from her job doing laundry a communicable disease that resulted ...

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Real Property: Adverse Possession – Public Road – Non-User Provision

Przybylski v. Barbosa (MLW No. 59026/Case No. WD69632 – 11 pages) (Missouri Court of Appeals, Southern District, Lowenstein, J.) Where plaintiffs who sought title to undeveloped land through adverse possession claimed the land was first established as a public road ...

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Civil Practice: Standing – Statute Of Limitations – Payment To Heirs

Heidbreder, et al. v. Tambke (MLW No. 59027/Case No. WD69378 – 14 pages) (Missouri Court of Appeals, Western District, Smart Jr., J.) Where a man died after loaning money to a friend, the trial court erred in finding that the ...

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Real Property: Foreclosed Home – Rehabilitation Costs – Management Fee

Urban Renewal of K.C. v. Bank of New York (MLW No. 59005/Case No. WD69665 – 8 pages) (Missouri Court of Appeals, Western District, Newton, C.J.) Where a trial court awarded temporary possession of a foreclosed home to a not-for-profit organization ...

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Criminal Law: Post-Conviction Motion – Timeliness

White v. State (MLW No. 59004/Case No. WD69901 – 4 pages) (Missouri Court of Appeals, Western District, Welsh, J.) Where a trial court dismissed a defendant’s pro se post-conviction motion as untimely, the dismissal is reversed because the trial court ...

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Arbitration: Used Car Purchase – Installment Contract – Merger Clause

Krueger v. Heartland Chevrolet, Inc. (MLW No. 59006/Case No. WD69298 – 7 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Where used car buyers brought an action for fraud and other claims against the dealership, the trial court did ...

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Criminal Law: Mental Disease – Unconditional Release

State v. Larrington (MLW No.58983/Case No. WD69606 – 8 pages) (Missouri Court of Appeals, Western District, Howard, J.) Where a trial court granted a defendant’s request for an unconditional release from the Department of Mental Health, the court’s judgment is ...

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Criminal Law: Hearsay – Uncharged Crimes – Domestic Assault

State v. Clevenger (MLW No. 58982/Case No. WD68933 – 8 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Where a trial court in a domestic assault case allowed publication to the jury of a petition for order of protection ...

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Civil Practice: Foreign Judgment – Jurisdiction – Eminent Domain Case

Miller v. Dean, et al. (MLW No. 58981/Case No. WD69733 – 9 pages) (Missouri Court of Appeals, Western District, Welsh, J.) Where a trial court ordered the registration of a Kansas judgment in Missouri in an eminent domain case, the ...

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