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Civil Practice: Dismissal-Docket Sheet Entry-Jurisdiction
Where appellant challenged the dismissal with prejudice of her petition against respondent and a bank for claims including conversion and fraud, the dismissal by docket sheet entry did not meet the requirements of Rule 74.01(a) and was not a judgment, so the court retained jurisdiction and erred by then entering its judgment based solely on […]
Civil Practice: Failure to State Claim-Dismissal
Where appellant challenged the dismissal of his claims for failure to state a claim, there was no basis for reversal, so the judgment is affirmed. Judgment is affirmed. Abdulrazzak v. Smith (MLW No. 74719/Case No. 19-2170 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of South […]
Bankruptcy: Chapter 13 Cases-Dismissal-Bad Faith
Where debtors challenged the dismissal of their individual Chapter 13 cases with a bar to refiling for 180 days, the judgment is affirmed because the court found that their multiple filings were part of a long-running scheme to manipulate and abuse the bankruptcy system to the detriment of creditors. Judgment is affirmed. Steiner v. Wilmington […]
Civil Rights: Pro Se Claims-Dismissal
Where appellants challenged the dismissal of their pro se complaint raising federal and state law claims, the court properly dismissed the federal claims, so the judgment is affirmed in part, and the order remanded the state law claims is vacated. Affirmed; vacated. Lougin v. City of St. Louis (MLW No. 74663/Case No. 19-2469 – 2 […]
Civil Practice: Dismissal-Pro Se Action-Proposed Amendments
Where appellant brought a pro se action against the owner of an apartment building, the appellant’s proposed amendments to her complaint would not have fixed the problems, and futility is a sufficient reason to deny leave to amend, so the dismissal of the complaint was proper. Judgment is affirmed. Barbero v. Wilhoit Property Management Inc. […]
Civil Practice: Dismissal-Pro Se Action
Where appellant challenged the dismissal of her pro se action, there was no basis for reversal, but the dismissal of the state-law claims should be modified to be without prejudice, so the judgment is affirmed as modified. Judgment is affirmed as modified. Hussey v. Pankow (MLW No. 74624/Case No. 19-2479 – 2 pages) (U.S. Court […]
Criminal Law: Habeas Relief-Dismissal
Where appellant challenged the dismissal of his Section 2241 petition, the judgment is affirmed for the reasons stated by the district court. Judgment is affirmed. Weang v. Secretary of Department of Homeland Security (MLW No. 74510/Case No. 19-2111 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District […]
Civil Practice: Diversity-Dismissal
Where appellants challenged the dismissal of their amended complaint in a diversity action, the dismissal was proper for the reasons cited by the district court. Judgment is affirmed. Lindberg v. Dimon (MLW No. 74507/Case No. 19-1883 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of South […]
Civil Rights: Dismissal-Pro Se Action
Where appellant challenged the dismissal of his pro se civil rights action, the dismissal was proper, so the judgment is affirmed. Judgment is affirmed. Sayen v. Schurrer (MLW No.74466/Case No. 19-2360 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of Minnesota.
Bankruptcy: Chapter 13-Dismissal-Violation of Stay
Where a debtor challenged the dismissal of his Chapter 13 case, the bankruptcy court did not err in dismissing the case as void because it was filed in violation of the automatic stay in his pending Chapter 7 case. Judgment is affirmed. In re: Miguel Ignacio Benitez (MLW No. 74493/Case No. 19-6030 – 4 pages) […]
Civil Rights: Dismissal-Statute of Limitations
Where appellant challenged the dismissal of his civil rights action, the district court properly found the claims to be barred by the applicable statute of limitations. Judgment is affirmed. Clayborne v. Parker (MLW No. 74445/Case No. 19-2410 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of […]
Civil Rights: Inmate Action-Dismissal
Where an inmate challenged the dismissal of his civil rights complaint, the dismissal was proper, and the judgment is affirmed. Judgment is affirmed. Bolvin v. Hutchinson (MLW No. 74428/Case No. 19-1995 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Arkansas.
Latest Opinion Digests
- 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
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
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