Where a defendant in a bank-fraud case filed a habeas petition seeking a declaration from the revocation judge that his sentences must run concurrently, the defendant failed to show that he was unable to pursue his desired relief by filing ...

Tagged with: Habeas Petition Subject Matter Jurisdiction

Where a voter challenged an election that authorized the imposition of a sales tax, and the trial court granted the defendants’ motion to dismiss the voter’s petition for lack of subject-matter jurisdiction,  the court erred in dismissing for lack of ...

Tagged with: Election Validity Subject Matter Jurisdiction

Where appellant challenged a district court order remanding a personal-injury case to state court based on lack of subject-matter jurisdiction, the appellate court cannot review the merits of the order where the remand order was based on lack of subject ...

Tagged with: Remand Order Subject Matter Jurisdiction

Petitioner petitioned for declaratory judgment, claiming he was entitled to six years of additional jail credits towards his sentences. The trial court dismissed the petition for lack of subject matter jurisdiction, concurring the department that petitioner had failed to exhaust ...

Tagged with: Credit for Time Served Failure to Exhaust Administrative Remedies Subject Matter Jurisdiction

Where appellants challenged the dismissal of their complaint for lack of subject matter jurisdiction, federal district courts are precluded from exercising subject matter jurisdiction in actions where the losing party in state court complains of injury caused by a state ...

Tagged with: Dismissal Subject Matter Jurisdiction

Where a trial court dismissed a defendant employer’s motion to dismiss in an age-discrimination action, agreeing with the employer’s argument that the court lacked subject-matter jurisdiction because there was not an allegation in the petition that the plaintiff had received ...

Tagged with: MHRA Right-To-Sue Letter Subject Matter Jurisdiction

Where taxpayers challenged the dismissal of their civil suit challenging their liability for federal taxes and penalties, the district court did not err in dismissing the complaint for lack of subject-matter jurisdiction. Judgment is affirmed. Francis v. U.S. (MLW No. ...

Tagged with: civil practice Federal Tax Liability Subject Matter Jurisdiction

  Plaintiff appealed the dismissal of her pro se complaint for lack of subject matter jurisdiction Where the court found no basis for reversal, it affirmed the dismissal of her complaint. Judgment is affirmed. Coulter v. Bank of Ozarks, Inc. ...

Tagged with: civil practice Dismissal Pro Se Complaint Subject Matter Jurisdiction

Where a defendant challenged the dismissal of his pro se motion to strike his Rule 29.15 amended motion for post-conviction relief as well as his motions to proceed pro se and to conduct an abandonment inquiry, this appeal is dismissed ...

Tagged with: Criminal Law Post-Conviction Relief Subject Matter Jurisdiction

Brazil v. Arkansas Department of Human Services (MLW No. 71757/Case No. 17-2229 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Stras, J.)

Tagged with: Employer - Employee Injunctive Relief Retaliation Subject Matter Jurisdiction

Karrenbrock Construction, Inc. v. Saab Auto Sales and Leasing, Inc. (MLW No. 71441/Case No. ED105863 – 6 pages) (Missouri Court of Appeals, Eastern District, Hess, J.)

Tagged with: civil practice Mechanic's Lien Subject Matter Jurisdiction