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Court of Appeals, Western District

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Domestic Relations: Maintenance – Denial Of Modification – 401(k) Bonus

McKown v. McKown (MLW No. 58937/Case No. WD69681 – 9 pages) (Missouri Court of Appeals, Western District, Newton, C.J.) (1)Where a wife received a bonus from her employer that went directly to her 401(k) account, the funds were not readily ...

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Criminal Law: Incarceration Reimbursement – Defective Motion – Gifts

State ex rel. Nixon v. Hughes (MLW No. 58933/Case No. WD69891 – 13 pages) (Missouri Court of Appeals, Western District, Newton, C.J.) Where the state sought reimbursement for the cost of defendant’s incarceration, the trial court erred in granting summary ...

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Contracts: Breach Of Contract – Admission Agreement – Personal Liability

Five Star Quality Care v. Lawson (MLW No. 58936/Case No. WD69712 – 8 pages) (Missouri Court of Appeals, Western District, Howard, J.) Where a nursing home brought a claim against a county public administrator to recover the costs of caring ...

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Civil Practice: Amended Petition – Dismissal

McDonald v. City of Kansas City (MLW No. 58934/Case No. WD69866 – 3 pages) (Missouri Court of Appeals, Western District, Welsh, J.) Where plaintiff filed a first amended petition for damages before a responsive pleading was received from the defendant, ...

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Real Property: Lease Agreement – Materiality Of Breach – Summary Judgment

Premier Golf Missouri v. Staley Land Company (MLW No. 58902/Case No. WD69341 – 17 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Where a golf club and adjacent homeowners’ association disputed provisions of a lease and development agreement concerning ...

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Domestic Relations: Grandparent Visitation – Parental Rights – Standing

In the Matter of C.A.C., Z.C., L.C. and J.C. v. R.C. and J.C. (MLW No. 58899/Case No. WD69923 – 7 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Where maternal grandparents appealed a judgment terminating their daughter’s parental rights ...

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Domestic Relations: Child Support – Modification – Emancipation

Hoffman-Francis v. Francis (MLW No. 58901/Case No. WD69498 – 8 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Where a mother objected to the emancipation of her son, the mother’s evidence was insufficient to show the son was insolvent ...

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Civil Practice: Default Judgment – Motion To Set Aside – Notice

Unifund CCR Partners v. Rodgers (MLW No.58900/Case No. WD69660 – 6 pages) (Missouri Court of Appeals, Western District, Howard, J.) Where a defendant in an action on a credit card account asserted that she was not notified of a new ...

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Banks and Banking: Guaranty Claim – Lay Witness – Handwriting Evidence

Farmers State Bank of Northern Missouri v. Huffaker (MLW No. 58903/Case No. WD68861 – 11 pages) (Missouri Court of Appeals, Western District, Howard, J.) Where a bank employee testified as a lay witness to establish that a wife signed a ...

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