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Court of Appeals, Western District

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Workers’ Compensation: Permanent and Total Disability Determination-Competent Evidence

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 ...

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Arbitration: Delegation Provision-Incorporation By Reference

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 ...

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

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 ...

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

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 ...

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Criminal Law: Post-Conviction Relief-Timeliness-Appointment of Counsel

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 ...

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