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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 […]
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[...]
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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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[...]
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 […]
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 […]
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[...]
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
Top stories
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- 8th Circuit tosses suit claiming false sale prices
- Attorney general releases report on Kim Gardner investigation
- Legal Limelight: Jason C. Smith, Office Managing Partner, Spencer Fane
