220 results for 'court:"Missouri Court Of Appeals"'.
J. Pfeiffer finds that the lower court improperly granted a new trial following entry of a "no fault" jury verdict on a woman's personal injury claim. It was only after the court recorded the jury's verdict that it decided a statement made by plaintiff's counsel left the jury with the impression that she was keeping evidence from the jury. This ruling is against the logic of the circumstances. Reversed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: December 26, 2023, Case #: WD85971, Categories: Evidence, Tort
J. Stevens finds that the lower court properly upheld the revocation of the man's driving privileges after he had an accident and a breath test found his blood alcohol content was nearly three times the legal limit. At the hospital, however, the man refused to consent to a blood draw to complete the DUI investigation. While the man was not physically restrained by police at the time of his arrest, due to his being in a hospital bed, the arrest was valid and the man indicated he understood he was under arrest. Affirmed.
Court: Missouri Court Of Appeals, Judge: Stevens, Filed On: December 26, 2023, Case #: ED111737, Categories: Miranda, Search, Dui
J. Gabbert finds that the lower court properly upheld a foreclosure, finding that the plaintiff non-profit entered into a joint venture with the signatory to the note, and it was understood that the non-profit would contribute the property as collateral for the signatory's loan in pursuant of the venture. Affirmed.
Court: Missouri Court Of Appeals, Judge: Gabbert, Filed On: December 12, 2023, Case #: WD86024, Categories: Foreclosure
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J. Pfeiffer finds that the lower court properly found for a legislative analyst who claims he was fired for his anxiety issues, which led him to ask for an accommodation to allow him to work in a quiet office space. The analyst presented substantial evidence that he never had any performance issues, and that his requested accommodation of an office with a door to prevent repeated interruptions and reduce noise was reasonable. The matter is remanded to allow the lower court to calculate attorneys fees owed to the analyst for prevailing on appeal. Affirmed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: December 12, 2023, Case #: WD85799, Categories: Ada / Rehabilitation Act, Employment Discrimination, Attorney Fees
J. Ahuja finds that the lower court properly denied the lender's motion to compel arbitration on a borrower's counterclaims that the lender sold her a defective vehicle and illegally charged her $1800 for an extended warranty. The lender waived its right to compel arbitration of these claims by engaging in substantial litigation for over a year before making its motion. Affirmed.
Court: Missouri Court Of Appeals, Judge: Ahuja, Filed On: December 12, 2023, Case #: WD86185, Categories: Arbitration, Banking / Lending
J. Witt finds that the lower court properly ordered the state to release $8 million from the State Legal Expense Fund to satisfy a judgment in favor of a developmentally disabled man who was beaten with a plastic hanger by a state-employed nurse because he didn't want to go to bed. There is no requirement that state employees be performing their duties in good faith for the Fund to be available to satisfy the judgment. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: December 12, 2023, Case #: WD86029, Categories: Government, Damages, Assault
J. Hardin-Tammons finds that the lower court improperly found for the homeowner's association on the couple's petition for breach of its subdivision restrictive covenant arguing that the association improperly denied their application to build a fence. The association failed to give proper notice of a hearing to address a violation under the rules of the restrictive covenant. Reversed.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: December 5, 2023, Case #: ED111564, Categories: Property
J. Stevens finds that the lower court properly convicted defendant of sodomy. Multiple witnesses testified that the victim was extremely intoxicated, rendering her incapable of giving consent to having sex with defendant. Further, the trial court did not err in admitting defendant's statement that his wife wanted a divorce because he "had a Facebook girlfriend," as this does not qualify as character evidence and says nothing about his propensity to have sex with unconsenting women. Affirmed.
Court: Missouri Court Of Appeals, Judge: Stevens, Filed On: December 5, 2023, Case #: ED110967, Categories: Evidence, Sex Offender
J. Stevens finds that the lower court improperly denied the restaurant group's motion to compel arbitration in an employee's sex discrimination and retaliatory discharge suit. The restaurant did not violate any procedural prerequisites to arbitration, and the question of arbitrability rests with the arbitrator pursuant to the parties' contract. Reversed.
Court: Missouri Court Of Appeals, Judge: Stevens, Filed On: December 5, 2023, Case #: ED111609, Categories: Arbitration, Employment Retaliation
J. Page finds that the lower court properly convicted defendant on nine counts related to a shooting, and sentenced him to 25 years in prison. Defense counsel was not ineffective for failing to call a witness at his second trial because he had a strategic reason for not calling the witness due to the risk he might testify against defendant at his first trial. Affirmed.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: November 28, 2023, Case #: ED111367, Categories: Ineffective Assistance, Assault, Witnesses
J. Page finds that the lower court properly found for the vacation management company after it canceled a man's reservation, then charged him a higher price for the same rental. The parties' contract allows the company to unilaterally change the price of the rental without notice, so it did not commit any fraud. Affirmed.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: November 28, 2023, Case #: ED111401, Categories: Consumer Law, Contract
J. Ardini finds that the lower court improperly dismissed the firefighter union's petition for a petition for certification of representation with the State Board of Mediation, seeking to create a bargaining unit consisting of fire captains employed by the City of Richmond Heights. The Board incorrectly applied the contract bar rule because the union was not attempting to add captains to an existing bargaining unit, but to create a separate bargaining unit for senior firefighters. Reversed.
Court: Missouri Court Of Appeals, Judge: Ardini, Filed On: November 28, 2023, Case #: WD86174, Categories: Administrative Law, Labor
J. Chapman finds that the lower court properly convicted defendant of possession of meth and resisting arrest. The evidence supports a finding that defendant consented to a search of his person during a traffic stop, so the finding of bags of meth in his pocket was not an unreasonable search or seizure. Affirmed.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: November 28, 2023, Case #: WD85767, Categories: Drug Offender, Search
J. Dowd enters a permanent writ ordering the insurer to produce documents created in connection with a claim arising from a car accident caused while test-driving a vehicle for sale by a dealership. The documents are critical to the driver's allegations that the insurer engaged in bad faith in the manner it handled settlement demands.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: November 21, 2023, Case #: ED111729, Categories: Vehicle, Discovery
J. Rouner finds that the lower court properly convicted defendant of misdemeanor stealing. Ample circumstantial evidence supports defendant's stealing conviction, as he was found in possession of jewelry from the home. In addition, he knew where the jewelry was kept and when the home would be vacant due to the owners' church schedule. Affirmed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: November 21, 2023, Case #: WD85397, Categories: Theft
J. Hardwick finds that the lower court improperly awarded the child's maternal grandmother visitation with the parents' child. While the record establishes that the grandmother and child have a close relationship and her participation in the child's life is beneficial, that does not by itself rise to the level of a special circumstance such that the child's welfare requires granting her third-party visitation rights. Reversed.
Court: Missouri Court Of Appeals, Judge: Hardwick, Filed On: November 21, 2023, Case #: WD86003, Categories: Family Law
J. Sutton finds that the lower court improperly granted the wife's motion to set aside the parties' divorce judgment. There is no evidence to support her contention that the husband was required to give the wife $180,000 in cash, rather than as an assignment of his pension, or that the payment was intended to allow her to purchase a home. Reversed.
Court: Missouri Court Of Appeals, Judge: Sutton, Filed On: November 14, 2023, Case #: WD85653, Categories: Family Law
J. Hardwick finds that the lower court properly denied the developer's petition for detachment from the county water district. The developer sought a lower tap fee for the delivery of water service to a new residential development, but it lacks standing to contest the contract between the district and the city. The developer has not shown the water district lacks the means to provide adequate water service or that its fees are out of the ordinary. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardwick, Filed On: November 14, 2023, Case #: WD85866, Categories: Water, Contract
J. Page finds that the lower court improperly found for the city in a Sunshine Law dispute. The citizen sought data generated from vehicle stop forms for 2014 through 2018, but the city destroyed these reports after their review by the Attorney General. Nevertheless, the citizen is entitled to request this information, and the recreation of a report is distinguishable from the creation of a wholly new, custom report, which a public entity is not required to do in response to a public records request. Reversed.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: November 14, 2023, Case #: ED111496, Categories: Public Record
J. Odenwald finds that the lower court properly convicted defendant of operating a vehicle in a careless manner and driving with his license revoked after he was found lying on the ground outside of the driver's side of his crashed truck. The evidence was sufficient to prove that defendant was the one operating his truck at the time of the crash. Affirmed.
Court: Missouri Court Of Appeals, Judge: Odenwald, Filed On: November 7, 2023, Case #: ED110894, Categories: Evidence, Vehicle
J. Mitchell finds that the lower court properly denied defendant's post-conviction motion alleging ineffective assistance of counsel. It is unlikely the jury's guilty verdict would have changed had counsel objected to the state's propensity witness testimony. Further, defendant was not prejudiced by alleged hearsay testimony about defendant sexually abusing others because many of the witnesses were available at trial for cross-examination. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: November 7, 2023, Case #: WD85449, Categories: Sex Offender, Witnesses, Child Victims
J. Chapman finds that the lower court properly ruled against the Secretary of State, which prepared ballot descriptions for six different proposed pro-abortion initiative petitions. The Secretary described the initiatives as allowing "dangerous, unregulated, and unrestricted abortions... without requiring a medical license," which is a baldly inaccurate summary of the proposed initiatives. Further, the Secretary's language that the initiatives would "nullify longstanding Missouri law protecting the right to life," uses partisan political language that should not be used in a summary meant to impartially inform voters. Affirmed in part.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: October 31, 2023, Case #: WD86595, Categories: Civil Rights, Constitution, Agency
J. Pfeiffer finds that the commission properly granted the worker permanent total disability after he sustained a work injury that left him unable to drive a truck, the only job he had ever had. The employer was timely notified of the worker's disability claim. However, the employer's appeal is not so frivolous as to warrant an award of attorney's fees. Affirmed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: October 31, 2023, Case #: WD86101, Categories: Attorney Fees, Workers' Compensation