9 results for 'judge:"Gabbert"'.
J. Gabbert finds that the lower court improperly denied the Grand Lodge's motion to intervene. The Grand Lodge's interests could not be properly defended by a subordinate lodge, as the subordinate is not a legal entity without any right to control or own the disputed property. Reversed.
Court: Missouri Court Of Appeals, Judge: Gabbert, Filed On: January 2, 2024, Case #: WD85658, Categories: Civil Procedure, Property
J. Gabbert finds that the lower court properly found the parties two settlement agreements valid. The agreements contained a sufficiently definite method of determining the sale price of the properties. Further, the court properly found a fair rental value of one property to be $1,600 per month. Affirmed.
Court: Missouri Court Of Appeals, Judge: Gabbert, Filed On: January 2, 2024, Case #: WD85926, Categories: Real Estate, Settlements
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. Gabbert finds that the lower court improperly found for the homeowners' association, ruling that the couple breached the homeowner agreement by providing child care services from their single family residential home. The association's interpretation of the agreement would prohibit any resident from engaging in any work activity from their home, so the restriction is overbroad and cannot be enforced. It is undisputed that the family lives full-time at the property where it also operates as a home day care. Reversed.
Court: Missouri Court Of Appeals, Judge: Gabbert, Filed On: October 10, 2023, Case #: WD85837, Categories: Property, Contract
J. Gabbert finds that the Commission properly ordering an eight-year amortization period for the remaining net book value of the Sibley Generating Station. The Commission's decision is supported by competent evidence, and was not made with any intention of allowing the utility to circumvent the statutory rate limitations designed to protect consumers. Affirmed.
Court: Missouri Court Of Appeals, Judge: Gabbert, Filed On: August 22, 2023, Case #: WD86023, Categories: Administrative Law, Energy
J. Gabbert finds that the lower court improperly found that the mother did not breach her fiduciary duties as the son's conservator of his 75% interest in the family farm. The son's estate could not be used for ordinary support of him as a child, and should have been kept in a savings account for him to inherit at age 18. The court was required to find not only that the mother's use of the child's money was "not harmful" but was "beneficial" to the child. Reversed.
Court: Missouri Court Of Appeals, Judge: Gabbert, Filed On: August 1, 2023, Case #: WD85691, Categories: Family Law