Missouri Lawyers Media Missouri legal news and public notices

Where plaintiffs sued a title company claiming negligence and breach of the terms of the parties’ escrow agreement based on the title company’s issuance of a check to a trustee in her personal capacity rather than as a trustee upon ...

Tagged with: contracts Duty Of Care

Where homeowners whose home was damaged by a drainage problem sued the city for negligence in the maintenance of the public storm water system, a subsequent claim for damages by the landowners against the subdivision developers and previous homeowners for ...

Tagged with: civil practice Collateral Estoppel Res Judicata

Where a plaintiff received workers’ compensation benefits after being injured in an accident with an uninsured motorist while working, policy provisions in uninsured motorist policies that reduced coverage where the insured receives work comp benefits were not void as against ...

Tagged with: Insurance Public Policy Uninsured Motorist

Even though officers did not observe defendant driving his truck which was reported traveling the wrong way on the highway and later found wrecked in the median, the officers had probable cause based on circumstantial evidence to believe that the ...

Tagged with: Driver's License DWI Probable Cause Test Refusal

Where a defendant claimed a trial court lacked authority to extend his probation when there was no pending violation and without notice and a hearing, nothing in Section 559.036.2 or in the Due Process Clause prevented the court’s extension of ...

Tagged with: Authority Criminal Law

Where a defendant pleaded guilty to resisting arrest and the trial court failed to advise him that he could not withdraw his plea if the court decided not to follow the state’s sentencing recommendation, the court did not comply with ...

Tagged with: Criminal Law due process Guilty Plea Post-Conviction Relief

(1)Where officers during a traffic stop of a car that left the highway immediately after seeing a sign announcing a drug checkpoint observed that the passenger was nervous, was a prior drug offender and carried a large stack of cash ...

Tagged with: Criminal Law Drug Trafficking Sufficiency Of Evidence

Where a mortgage company that was a defendant in a class action suit over alleged mortgage act violations filed a motion for the trial court to interpret and enforce the parties’ settlement agreement, the trial court erred in granting the ...

Tagged with: civil practice class action jurisdiction Settlement Agreement

Where a wife in a dissolution appealed an order quashing a writ of garnishment against her ex-husband for maintenance, the appeal is dismissed because the order was not designated as a final judgment. Appeal is dismissed. Hamilton v. Hamilton (MLW ...

Tagged with: Appellate Practice Dissolution finality Judgment

Second-degree assault; DWI WD69152 State of Missouri, Respondent, v. Mark A. Royal, Appellant Appeal From: Jackson County Circuit Court, Judge James D. Williamson, Jr. Handdown Date: 3/3/2009 Opinion Author: Judge Thomas H. Newton Opinion Vote: Judges Ellis and Welsh, concur ...

Tagged with: DWI Second-Degree Assault

Where a mortgage company sought equitable relief after it inadvertently extinguished the indebtedness of a debtor, precluding enforcement of the additional collateral securing its note, when it made a “full credit bid” at a foreclosure sale, the trial court did ...

Tagged with: equitable relief Foreclosure Sale Real Property