11 results for 'judge:"Pfeiffer"'.
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
J. Pfeiffer finds that the lower court improperly found for the state legislature in a public records suit when the resident seeking those records did not have standing to sue. The resident seeks a ruling that House Rule 127 is unconstitutional, and violates the Sunshine Law by concealing email and postal addresses contained in requested records. The citizen did not make his request under FOIA - if he had, he could sue under FOIA. But the Missouri Sunshine Law requires a requestor be a taxpayer or citizen of the state, and the plaintiff only claims to be a resident. Reversed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: March 5, 2024, Case #: WD86212, Categories: Civil Procedure, Public Record, Jurisdiction
J. Pfeiffer finds that the lower court properly denied defendant's motion for post-conviction relief based on alleged jury selection error in an incest case. While a venireperson stated that she would have a hard time presuming defendant innocent after hearing his prior convictions, the state rehabilitated her by securing an unequivocal affirmation she would not convict unless the state met its burden of proof at trial. Affirmed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: March 5, 2024, Case #: WD85892, Categories: Jury, Sex Offender
J. Pfeiffer finds that the lower court improperly calculated child support owed by the father without including any childcare costs in the calculation. It is unclear whether the trial court considered that childcare expenses would be significantly affected by its parenting plan awarding every other month 50/50 custody to both parents. Reversed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: February 6, 2024, Case #: WD86394, Categories: Family Law
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
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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. 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. 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
J. Pfeiffer finds that the lower court properly convicted defendant of unlawful use of a weapon and criminal action. The court reasonably admitted evidence of various acts of domestic abuse between him and his wife, because one of these incidents prompted the police search of his home which found the guns and ammunition. Further, the court reasonably restricted defendant's privileges to write letters and phone calls after he attempted to convince the victim not to testify at his trial. Affirmed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: August 22, 2023, Case #: WD84845, Categories: Evidence, Firearms, Witnesses
[Consolidated.] J. Pfeiffer finds that the lower court improperly ordered the man removed from the state's sex offender registry. Missouri's sex offender laws require lifetime registration for any sex offender who has been required to register under federal sex offender laws. Reversed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: July 25, 2023, Case #: WD85246, Categories: Sex Offender
J. Pfeiffer finds that the lower court properly awarded the wife damages on her petition for conversion against her in-laws following her husband's death. The husband had taken out loans on farming equipment stored at his parent's, but the parents refused to allow the wife to retrieve the equipment. The wife proved that the husband owned the equipment, not her in-laws, and is entitled to punitive damages in addition to the value of the equipment. Affirmed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: July 5, 2023, Case #: WD85395, Categories: Damages, Conversion