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Court of Appeals, Western District

Jan 4, 2019

Administrative Law: Taxation-Tax Lien-Statute Of Limitations

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 statute of limitations of Section 516.120(2), dismissal for failure to state a claim was proper […]

Dec 31, 2018

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 permanent total disability, as required by §287.190.6(2). Where there is competent[...]

Dec 14, 2018

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 reversed and remanded because the law on whether incorporation by reference was sufficient to support […]

Dec 13, 2018

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 in court, the judgment was affirmed because the arbitrator did not exceed her powers by […]

Dec 10, 2018

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 escape rule was not applicable. Judgment is reversed and remanded. Benedict v. State (MLW No. […]

Dec 10, 2018

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 and remanded for the appointment of counsel. Judgment is reversed and remanded. Naylor v. State […]

Dec 10, 2018

Criminal Law: Direct Appeal-Supreme Court Transfer

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 case, the appeal is dismissed under State ex rel. Fite v. Johnson. Appeal dismissed. State […]

Nov 28, 2018

Real Property:Foreclosure Sale-Validity-Attorney’s Fees

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 declines to consider the merits of the bank’s cross appeal concerning the denial of its […]

Nov 28, 2018

Real Property: Easement Agreement-Statute Of Limitations-Continuing-Wrong Exception

Where homeowners challenged the dismissal of their property-damage claims, which arose from an electric cooperative’s use of a transmission-line easement across their property, the grant of summary judgment to the cooperative is affirmed because the claims for trespass and injunctive relief were time-barred, and the continuing-wrong exception did not apply because the injury, which was [&hel[...]

Nov 28, 2018

Criminal Law: Kidnapping-Sufficiency Of Evidence-Underlying Felony

Where a defendant challenged his convictions for kidnapping and armed criminal action, the judgment is affirmed because the evidence was sufficient to support the kidnapping charge, but the trial court erred by failing to instruct the jury that the defendant’s intent in removing a victim from the residence was to commit felony assault, so the […]

Nov 28, 2018

Criminal Law: Animal Abuse-Right-To-Farm Amendment

Where a man who dragged a horse behind his truck challenged his animal-abuse conviction, arguing that he should have been able to read Missouri’s right-to-farm constitutional amendment to the jury, the trial court did not abuse its discretion in refusing to allow the defendant to read the amendment because the amendment did not include any […]

Nov 28, 2018

Administrative: Court Employee Termination-Inadequate Training-Reinstatement

Where a deputy court clerk challenged the reversal of her reinstatement by the court’s dismissal-review committee, the clerk’s appeal is governed by the administrative procedure set forth in the relevant Supreme Court operating rule, and competent and substantial evidence supported findings that the clerk’s training for a new position was inadequate and that her dismissal [&helli[...]

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