220 results for 'court:"Missouri Court Of Appeals"'.
J. Navarro-McKelvey finds that the lower court properly granted sole legal and physical custody of the parties' three children to the father. The court was not required to consent to a parenting plan the father had proposed three years earlier, as the parties were no longer in agreement as to the custody arrangements, so the court was required to determine a custody plan that was in the best interests of the children. Affirmed.
Court: Missouri Court Of Appeals, Judge: Navarro-McKelvey, Filed On: April 23, 2024, Case #: ED111647, Categories: Family Law
J. Hardwick finds that the lower court properly found for the defendant grout-maker on antitrust claims alleging that its noncompete agreement with its former president violated the law. In the noncompete agreement, the former president agreed to a 10-year non-competition period because he was caught violating a previous one-year agreement within three months. The extended term was reasonable as part of a settlement agreement to avoid litigation over the president's breach of the first noncompete agreement. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardwick, Filed On: April 23, 2024, Case #: WD86444, Categories: Antitrust, Business Practices
J. Navarro-McKelvey dismisses the department's appeal of the lower court's decision to apply a multiplier to the award of attorneys' fees to the employee who prevailed in a sexual harassment suit. The department failed to show that the issue of waiver of sovereign immunity for attorneys' fees multipliers falls under the jurisdictional exception to the claim preservation requirements.
Court: Missouri Court Of Appeals, Judge: Navarro-McKelvey, Filed On: April 23, 2024, Case #: ED111748, Categories: Civil Rights, Immunity, Attorney Fees
J. Dowd finds that the lower court properly convicted defendant of rape of a 17-year-old victim, and sentenced him to seven years in prison. The court did not err by allowing the victim to testify she felt intimidated at her deposition after defendant impeached her with her deposition testimony. Further, the prosecutor was permitted to highlight the age difference between defendant and the victim during closing arguments. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: April 23, 2024, Case #: ED111691, Categories: Evidence, Sex Offender, Child Victims
J. Pfeiffer dismisses the trucking company's appeal from a judgment in favor of the of family in a wrongful death suit stemming from a car accident. Even though the default judgment erred in referencing both mother and father as parties to the judgment, the default judgment was enforceable as written. The company's appeal is mooted by its settlement with the mother during the pendency of this appeal.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: April 23, 2024, Case #: WD86465, Categories: Civil Procedure, Wrongful Death
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J. Martin finds that the lower court properly declared the state board's decision to revoke the school's charter unlawful. The school has standing to pursue judicial review of the board's determination because 2012 amendments to the law did not signal legislative intent to prohibit judicial review pursuant to the Missouri Administrative Protection Act after revocation of a charter. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: April 23, 2024, Case #: WD86457, Categories: Administrative Law, Education, Jurisdiction
J. Martin finds that the lower court properly granted defendant's motion to suppress statements he made during a police interrogation while he was being treated in the emergency room for a self-inflicted gunshot wound. The statements were subject to suppression because police did not advise defendant of his Miranda rights before questioning him. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: April 23, 2024, Case #: WD86602, Categories: Firearms, Miranda
J. Wright finds that the lower court improperly awarded improperly awarded the ex-girlfriend $17,000 in attorney's fees in a dispute over the sale of a home. The ex-boyfriend's conduct during litigation did not amount to vexatious behavior, and the amount of fees should only be determined by the amount of work the attorney conducted towards the partition suit for the benefit of both parties. Reversed.
Court: Missouri Court Of Appeals, Judge: Wright, Filed On: April 16, 2024, Case #: ED111764, Categories: Property, Attorney Fees
J. Hess finds that the lower court properly granted the plaintiff property owners a prescriptive easement over defendant's property to access their property. Substantial evidence supports the plaintiff's position that their use of defendant's property was adverse from 1999 to 2019. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hess, Filed On: April 16, 2024, Case #: ED111508, Categories: Property
J. Clark finds that the lower court improperly denied the consumer's motion to vacate an arbitration award in a dispute over a $199 administrative fee assessed on her purchase of a camping trailer. The dealership knowingly waived its right to arbitrate by filing a motion to dismiss and asking the court to enter a final judgment on the merits of whether the fee applied to the consumer's purchase. Reversed.
Court: Missouri Court Of Appeals, Judge: Clark, Filed On: April 15, 2024, Case #: ED111498, Categories: Administrative Law, Arbitration
J. Clark finds that the lower court properly found for the police officers in a wrongful death suit filed by the family of a passenger in a fleeing car that hit a tree, killing both driver and passenger. The officers did not owe a duty to the decedent passenger as the fleeing driver had an absolute duty to yield to the officer when they approached with emergency lights on. Affirmed.
Court: Missouri Court Of Appeals, Judge: Clark, Filed On: April 9, 2024, Case #: ED111491, Categories: Immunity, Wrongful Death
J. Hardwick finds that the lower court properly issued the employer an injunction enforcing a noncompete clause in a doctor's employment agreement preventing him from practicing radiology within a 25-mile radius for two years after leaving the practice. The practice has a legitimate protectable interest in its patient and referral base, even if radiologists rarely have contact with patients, because it relies heavily on the relationships its radiologists have cultivated with referring physicians. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardwick, Filed On: April 9, 2024, Case #: WD86589, Categories: Employment, Contract
J. Wright finds that the lower court improperly dismissed this action for lack of jurisdiction because the estate's personal representative was not joined as a party to the case. The family members claim they have direct rights in non-probate assets prior to the granddaughter's alleged wrongdoing, and so the estate is not a necessary party. Reversed.
Court: Missouri Court Of Appeals, Judge: Wright, Filed On: April 9, 2024, Case #: ED111819, Categories: Wills / Probate
J. Mitchell finds that the school's appeal must be dismissed in this sex discrimination suit accusing a sixth-grade teacher of abusing a student because the amount of damages was never written in a final judgment.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: April 9, 2024, Case #: WD86206, Categories: Tort, Damages
J. Witt finds that the lower court improperly denied the man's petition for a writ of mandamus against the Missouri Commission on Human Rights. The evidence establishes that the commission did not make a valid determination of probable cause when terminating his disability discrimination claim and the man had an unequivocal right to the issuance of a right-to-sue letter. Reversed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: April 9, 2024, Case #: WD86214, Categories: Administrative Law, Ada / Rehabilitation Act
J. Sutton finds that the lower court properly found for the zoning commission in a dispute over its handling of a plot amendment application to permit construction of a new home without a 25-foot setback requirement. The challenger has not demonstrated genuine issues of material fact remain in dispute that prevent the entry of summary judgment. Affirmed.
Court: Missouri Court Of Appeals, Judge: Sutton, Filed On: April 9, 2024, Case #: WD86307, Categories: Zoning
J. Martin finds that the lower court properly dismissed the deputy's claims seeking judicial review of his termination, but improperly dismissed his discrimination and retaliation claims under the Missouri Human Rights Act. The deputy believed he was white until he took a private genetic test, discovering that he had substantial African American ancestry. He adequately alleges that thirty days after disclosing that he was Black to the sheriff, the deputy was suspended for abuse of authority, incompetence, and offensive conduct -- the same conduct that was tolerated when he was believed to be white. Reversed in part.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: April 2, 2024, Case #: WD86414, Categories: Employment Discrimination, Employment Retaliation
J. Thomson finds that the lower court properly upheld the zoning board's decision to grant the company a special use permit for the construction of a self-storage facility. The law does not require the board to deny a special use permit if the minimum infrastructure requirements are not met. Rather, it has the discretionary authority to grant the permit regardless of whether all infrastructure requirements are adequately in place.
Court: Missouri Court Of Appeals, Judge: Thomson, Filed On: April 2, 2024, Case #: WD86182, Categories: Zoning
J. Mitchell finds that the lower court properly denied the insurer's motion to intervene in a wrongful death action for the sole purpose of seeking a stay of the wrongful death action until a separate declaratory judgment action in federal court could resolve the insurer's duty to indemnify the homeowner. The insurer has no right to intervene in a case in which it lacks a direct interest. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: April 2, 2024, Case #: WD86442, Categories: Civil Procedure, Insurance, Wrongful Death
J. Hardwick finds that the lower court improperly granted the sex offender's request to be removed from the sex offender registry. The sex offender failed to name the Missouri State Highway Patrol as a party to this action, depriving the agency of its right to present evidence in opposition to his request for removal. Vacated.
Court: Missouri Court Of Appeals, Judge: Hardwick, Filed On: April 2, 2024, Case #: WD86537, Categories: Criminal Procedure, Sex Offender
J. Dowd finds that the lower court properly convicted defendant of murder and armed criminal action, and sentenced him to 26 years in prison. The court did not abuse its discretion in allowing the late endorsement of witnesses who examined DNA evidence at the crime scene. Defendant did not object to their testimony or even cross-examine them. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: April 2, 2024, Case #: ED111454, Categories: Criminal Procedure, Murder, Witnesses
J. Clayton finds that the lower court properly awarded the estate $20 million in a wrongful death suit stemming from a fatal car accident with an 18-wheeler. The court properly excluded a medical expert's testimony on the issue of whether the driver was impaired based on her daily use of marijuana on the basis that it was not reliable or relevant. The doctor was unable to cite any specific behavior exhibited by the mother to support a finding she was impaired except that she lost control of her car. Affirmed.
Court: Missouri Court Of Appeals, Judge: Clayton, Filed On: March 26, 2024, Case #: ED111241, Categories: Vehicle, Experts
J. Sutton finds that the lower court properly found for the baseball club on a former employee's age and religious discrimination claims. There is no evidence that the club treated him differently than non-Jewish employees, and he can only point to one offensive comment made by a co-worker, not a supervisor, about his religion in 10 years of employment. Further, that comment was made after the club had already decided to the employee's position was no longer needed. Affirmed.
Court: Missouri Court Of Appeals, Judge: Sutton, Filed On: March 26, 2024, Case #: WD86311, Categories: Employment Discrimination
J. Gaertner finds that the commission improperly made three unemployment overpayment determinations against a waitress who claimed unemployment during the Covid-19 pandemic. The record is unclear when the commission mailed its overpayment determination to the waitress, so her appeals to the administrative tribunal cannot be found untimely. Reversed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: March 26, 2024, Case #: ED111479, Categories: Administrative Law
J. Mitchell finds that the lower court properly convicted defendant of rape and sentenced him to 40 years in prison. The court did not err by admitting a video of the victim's interview at the Child Advocacy Center. The victim's statements were spontaneous, consistent, and made within hours of the crime. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: March 26, 2024, Case #: WD85913, Categories: Evidence, Sex Offender
J. Martin finds that the lower court properly dismissed a woman's trip and fall suit as a sanction for her failure to timely and properly respond to discovery requests. An evasive or incomplete answer is to be treated as a failure to answer. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: March 26, 2024, Case #: WD86378, Categories: Tort
J. Sheffield enters a permanent writ directing the lower court to take no further action in the underlying case except to enter an order returning the case to the Supreme Court of Missouri for the case to be reassigned to another judge.
Court: Missouri Court Of Appeals, Judge: Sheffield, Filed On: March 19, 2024, Case #: WD38412, Categories: Civil Procedure