11 results for 'judge:"Page"'.
J. Page finds that the lower court properly denied the father's motion to compel arbitration in a divorce suit. The couple's prenuptial agreement includes a mandatory arbitration clause, but the trial court has the authority to determine the wife's challenge to the provision on the grounds of conscionability prior to sending the case to arbitration. Affirmed.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: March 5, 2024, Case #: 111743, Categories: Arbitration, Family Law
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. 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
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J. Page finds that the lower court properly found for the employee and awarded him $2.4 million after assessing 25% fault to him personally. The employee's expert used reasonably methodology to calculate the employee's lost earning capacity as a result of his knee injury sustained while working on a vessel. Affirmed.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: October 31, 2023, Case #: ED111416, Categories: Maritime, Tort, Damages
J. Page finds that the zoning board properly denied the marijuana dispensary's request for a variance to construct a drive-through land for medical marijuana patients to pick up prescriptions. The dispensary's property has two front yards within the meaning of the zoning code, and the proposed drive-through violated code because it was not located in a side or rear yard of the property. Affirmed.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: August 29, 2023, Case #: ED111005, Categories: Zoning
J. Page finds that this appeal of the trial court's judgment enforcing a lien filed by the plaintiffs' former attorney against their shares of a partition sale must be dismissed. The appellate brief fails to coherently state what the lower court allegedly did in error or how it violated any legal rule. On remand, the lower court shall determine the former attorney's reasonable attorney fees expended on this appeal.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: August 29, 2023, Case #: ED110934, Categories: Enforcement Of Judgments, Attorney Fees
J. Page finds that the woman's appeal of the lower court's ruling in favor of the company for her refusal to pay for goods and services following fire damage to her apartment must be dismissed. Her briefs fail to explain why the law supports her claim of reversible error.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: August 22, 2023, Case #: ED111007, Categories: Civil Procedure, Contract
J. Page finds the lower court improperly found that the state failed to meet its statutory burden of proof in this matter concerning the Gang-Enhancement Statute. A jury convicted defendant of aggravated robbery with a gang enhancement for his role in the robbery of four individuals at a neighborhood basketball court. Defendant received an effective sentence of 20 years to be served at 85 percent. On appeal, defendant argued that evidence was insufficient to support the gang enhancement and the Court of Criminal Appeals agreed. The lower court found that because the indictment against the defendant listed Crips gang members from various subsets with only one belonging to the primary Crips gang, the state did not establish a pattern of criminal gang activity by the same gang, which is a statutory requirement. But the instant court finds that the subsets all fall under the umbrella of the same primary gang, and that the Gang-Enhancement Statute does not require a specification of a gang subset. The lower court’s finding is reversed and the trial court’s findings are reinstated. Reversed.
Court: Tennessee Supreme Court, Judge: Page, Filed On: July 14, 2023, Case #: E2020-01712-SC-R11-CD, Categories: Robbery, Sentencing, Gangs
J. Page finds that the lower court improperly granted the injured driver a new trial after a jury found in her favor, awarding her $85,000. The court did not err by not declaring a mistrial sua sponte after defense counsel made inappropriate comments, and there is no evidence she suffered prejudice from the comments. Reversed.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: May 30, 2023, Case #: ED110937, Categories: Civil Procedure, Tort