Missouri Lawyers Media Missouri legal news and public notices

Enforcement; waiver WD69823 Major Cadillac Inc., Respondent, v. General Motors Corp., Appellant Appeal From: Jackson County Circuit Court, Judge William Stephen Nixon Handdown Date: 2/17/2009 Opinion Author: Judge Thomas H. Newton Opinion Vote: Judges Lowenstein and Howard concur General Motors ...

Tagged with: Enforcement Waiver

Where property owners appealed a judgment of condemnation of their real estate, trial testimony showed that the city used generally accepted appraisal practices, so substantial evidence showed the city negotiated in good faith with the property owners, and property owners’ ...

Tagged with: Blight condemnation Real Property

Where landowners who sought title to a section of property by adverse possession argued that they grazed cattle and maintained fences on the land, these acts were not sufficient alone to demonstrate open and notorious possession, so the trial court’s ...

Tagged with: Adverse Possession Real Property

Where an auto manufacturer sued by several dealers sought to compel arbitration, the trial court properly denied the motion because the manufacturer waived the right to arbitrate by acting inconsistently when it removed the case to federal court, requested a ...

Tagged with: Arbitration Enforcement Removal Waiver

Application for review; motion to strike WD69637 Paul Jones, Respondent, v. Lico Steel, Appellant, Treasurer of the State of Missouri – Custodian of the Second Injury Fund, Respondent Appeal From: The Labor and Industrial Relations Commission Handdown Date: 2/10/2009 Opinion ...

Tagged with: Application For Review

Where an employer submitted an application for review of an award of workers’ compensation benefits and the application included assignments of error that merely asserted that the evidence and the law do not support the decision, the assignments of error ...

Tagged with: Application For Review Workers' compensation

Where the owner of stolen property testified that the value of the property could be more than $500,000 but conceded that he did not know the value, there was insufficient evidence to support a finding that the value of the ...

Tagged with: Felony Stealing Juvenile Law Sufficiency Of Evidence

(1)Where taxpayers appealed the trial court’s dismissal of their challenge to the certification of a statewide ballot measure on gambling provisions and the ballot measure was passed by Missouri voters, injunctive relief was no longer available, but appellants’ claims that ...

Tagged with: Certification Elections

(1)Where a trial court in a dissolution designated the mother’s address as the children’s for educational and mailing purposes without issuing specific written findings as to the best interests of the children, the case must be remanded for the entry ...

Tagged with: Domestic Relations Marital Debt Written Findings

Where a defendant’s post-conviction counsel made an unsuccessful attempt to acquire the transcript but the record did not show whether counsel attempted to contact the defendant or whether he reviewed the defendant’s pro se motion or other documents, the denial ...

Tagged with: Abandonment Criminal Law Post-Conviction Relief

Where a defendant convicted of leaving the scene of an accident objected to an instruction that he claimed conflicted with the substantive law, the defendant’s interpretation would conflict with the goals of the statute, and the trial court did not ...

Tagged with: Criminal Law instructions