Missouri Lawyers Media Missouri legal news and public notices

Where a defendant challenged a judgment denying his pro se motion to vacate or correct the judgment or sentence, arguing that the motion court violated his rights by denying his post-conviction motion without appointing counsel and allowing the filing of ...

Tagged with: Appointment Of Counsel Criminal Law Indigent Defendant

Where defendants in a medical-malpractice action challenged a trial court order granting a new trial for the plaintiff, the appeal is dismissed because the notice of appeal was untimely. Appeal is dismissed. King v. Sorensen (MLW No. 72482/Case No. WD81547 ...

Tagged with: civil practice Notice Of Appeal timeliness

Where appellant challenged the dismissal of her petition to hold her employer in contempt for failing to pay interest on a workers’-compensation award, the trial court properly granted the motion to dismiss because civil contempt may not be used to ...

Tagged with: Award Interest Civil Contemp civil practice Money Judgment

Where taxpayers challenged the dismissal of their petition for a declaratory judgment against the director of revenue, arguing that the trial court should find that the collection of taxes pursuant to the certificate of tax liens was barred by the ...

Tagged with: Administrative Law Statute Of Limitations Tax Lien Taxation

Claimant’s doctor and two vocational/rehabilitation counselors determined that claimant was permanently and totally disabled. An administrative law judge awarded claimant weekly benefits and the commission affirmed. The fund appealed, arguing the commission erred because a physician did not determine claimant’s ...

Tagged with: Competent Evidence Permanent and Total Disability Determination Workers’ Compensation

Where an automobile dealer brought an interlocutory appeal challenging the denial of its motion to stay proceedings and compel arbitration of an action brought by plaintiffs, who claimed the dealer allegedly sold hail-damaged cars as brand new, the judgment was ...

Tagged with: Arbitration Delegation Provision Incorporation By Reference

Where a finance company in a dispute with a buyer over a repossessed car challenged a judgment confirming an arbitration award, which held that the company could not arbitrate its claim for a deficiency judgment after it pursued the claim ...

Tagged with: Arbitration Arbitrator’s Powers Deficiency Judgment Claim Trial Court Disposition

Where a defendant challenged the application of the escape rule to dismiss his motion for post-conviction relief, the judgment is reversed and remanded because the error asserted in his amended motion occurred after he was returned to custody, so the ...

Tagged with: Criminal Law Escape Rule Post-Capture Error Post-Conviction Relief

Where a trial court dismissed an indigent defendant’s pro se Rule 24.035 motion as untimely without appointing counsel, the motion court was required to appoint counsel for the defendant even though the motion was untimely, so the judgment is reversed ...

Tagged with: Appointment Of Counsel Criminal Law Post-Conviction Relief

Where a three-judge panel of the appellate court decided a case on direct appeal, rather than on a writ of mandamus filed by the state while the appeal was pending after an order from the Missouri Supreme Court re-transferring the ...

Tagged with: Criminal Law Direct Appeal Supreme Court Transfer

Where property owners challenged the validity of a foreclosure sale of their real property, the successor trustee conducted a valid foreclosure sale through an authorized employee, so summary judgment for the bank and successor trustee was proper, but the court ...

Tagged with: Attorney's fees Foreclosure Sale Real Property Validity