Missouri Lawyers Media Missouri legal news and public notices

Where a mortgage company challenged a judgment quieting title to a homeowner, arguing that her quiet title and slander of title claims were barred by the applicable statutes of limitation, the resolution of the timely declaratory-relief claims controlled the resolution ...

Tagged with: Quiet Title Slander of Title Statute Of Limitations

Plaintiff appealed from the judgment dissolving his marriage to defendant, specifically the portion of the equitable-distribution order that directed plaintiff to pay a cash-equalization payment to defendant. Plaintiff argued that the payment represented half the value of his retirement account, ...

Tagged with: divorce Equalization Payment Equitable Distribution

Defendant filed a pro se motion for post-conviction relief, which included an in forma pauperis affidavit claiming indigence due to incarceration. Defendant requested appointment of counsel, but none was appointed. The trial court denied the motion as untimely. Where the ...

Tagged with: Failure to Appoint Counsel Post-Conviction Relief timeliness

Petitioner petitioned for declaratory judgment, claiming he was entitled to six years of additional jail credits towards his sentences. The trial court dismissed the petition for lack of subject matter jurisdiction, concurring the department that petitioner had failed to exhaust ...

Tagged with: Credit for Time Served Failure to Exhaust Administrative Remedies Subject Matter Jurisdiction

Defendant appealed his conviction for third-degree assault, arguing that the trial court improperly allowed the prosecutor, during closing argument, to read a statute addressing the offense of resisting arrest and to read appellate cases discussing the physical force required to ...

Tagged with: Assault Discussion of Uncharged Statute jury instructions

Kansas City Power & Light Company appealed an order of rulemaking issues by the Public Service Commission. The PSC adopted a new rule relating to certificates of convenience and necessity. On appeal, the company argued that the rule exceeded the ...

Tagged with: Certificates of Convenience and Necessity Statutory Authority Validity of Rule

Where parents whose daughter was killed in an auto accident sued the mother of the allegedly negligent driver of the vehicle in which the daughter was a passenger, arguing that the mother negligently entrusted the vehicle to her son although ...

Tagged with: control Negligent Entrustment

Where an insurer challenged the grant of summary judgment to respondent insurers on claims for attorney’s fees and defense costs for insurer’s defense of respondents’ insured in an underlying dispute involving easements, the judgment is affirmed because there was no ...

Tagged with: duty to defend Potential For Coverage Time Of Tender

Where a father challenged the denial of his motion to modify child custody and granting in part the mother’s motion, granting her sole legal custody of their daughter, the judgment is affirmed because the trial court properly considered and weighed ...

Tagged with: Child Custody Sole Custody

Where a defendant challenged his convictions for robbery and armed criminal action, the trial court did not abuse its discretion in denying his motion to exclude gun and ballistics conclusions because the state exercised diligence and good faith in making ...

Tagged with: Ballistics Expert Propensity Evidence robbery

Where appellant and his related corporate entities brought claims of breach of contract and tort against a lender in a dispute arising from the execution of a promissory note, the lender could not invoke the protections of the Missouri Commercial ...