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Court of Appeals, Western District

Missouri Court of Appeals Western District: Arbitration

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 ...

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Real Property: Adverse Possession – Open And Notorious – Fence Maintenance

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 ...

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Missouri Court of Appeals Western District: Workers’ compensation

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 ...

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Workers’ Compensation: Application For Review – Motion To Strike – Assignments Of Error

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 ...

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Juvenile Law: Felony Stealing – Sufficiency Of Evidence – Value Of Property

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 ...

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Elections: Ballot Measure – Certification – Declaratory Relief

(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 ...

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Domestic Relations: Written Findings – Income Tax Deductions – Marital Debt

(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 ...

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Criminal Law: Instructions – Leaving Accident Scene

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 ...

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