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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »Administrative: Public Defender Rule – Indigent Defendants – Probation Violation Cases
State ex rel. Missouri Public Defender Commission, et al. v. Hamilton, et al. (MLW No. 58984/Case No. WD70327/WD70349 – 15 pages) (Missouri Court of Appeals, Western District, Welsh, J.) Where the public defender system sought writs of prohibition to prevent ...
Read More »Municipal: Removal Of Director – Quo Warranto – Subject Matter Jurisdiction
Inter City Fire Protection District v. Depung (MLW No. 58935/Case No. WD69822 – 5 pages) (Missouri Court of Appeals, Western District, Lowenstein, J.) Where a fire protection district filed a petition in the circuit court to remove one of its ...
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