221 results for 'court:"Missouri Court Of Appeals"'.
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
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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
J. Witt finds that the lower court properly convicted defendant of statutory sodomy against two separate victims and sentenced him to a total of 55 years in prison. A portion of the state's cross-examination of defendant was argumentative, but this error did not prejudice defendant given the substantial evidence against him. Further, there is no reasonable basis to find the jury would have acquitted defendant had the prosecutor not made reference to his being a predator in closing arguments. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: March 19, 2024, Case #: WD85819, Categories: Prosecutorial Misconduct, Sex Offender
J. Witt finds that the lower court properly quieted title in an easement between the parties' properties, defining the easement according to a 2008 survey and ordering the plaintiffs not to interfere with the defendants' use of the easement for ingress and egress of their land-locked property. The existing private road was only 30 feet across, but testimony supported a finding that a 40-foot easement is the standard for most counties. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: March 19, 2024, Case #: WD86164, Categories: Property
J. Wright finds that the lower court improperly denied the tenant's motion to set aside a default judgment in a breach of lease suit. The tenant had good cause for failing to respond to the petition and the motion to set aside the default judgment was filed within a reasonable time. Affirmed.
Court: Missouri Court Of Appeals, Judge: Wright, Filed On: March 12, 2024, Case #: ED111898, Categories: Landlord Tenant
J. Gaertner grants the state's request for a writ of prohibition directing the court not to terminate a probationer's term of probation due to her inability to earn compliance credits because of the nature of her offense. The probationer was convicted of statutory rape, an offense defined as sexual assault, and so was still under a term of probation when the alleged probation violations occurred.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: March 12, 2024, Case #: ED112417, Categories: Probation, Sex Offender
J. Chapman finds that the lower court improperly convicted defendant of felony stealing, but properly convicted him of murder, animal abuse, and armed criminal action. The motor-vehicle stealing conviction did not include the value of the car as an element of the crime, so the offense was not subject to a felony enhancement. Further, the court erred in memorializing the pronounced sentence in the written judgment. Reversed in part.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: March 12, 2024, Case #: WD85214, Categories: Murder, Theft, Animal Cruelty
J. Hardin-Tammons finds that the lower court properly convicted defendant of murder. The evidence was sufficient to establish the deliberation necessary to find him guilty of murder in the first degree, and the court did not err in denying his request to submit a voluntary manslaughter instruction to the jury. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: March 12, 2024, Case #: ED111336, Categories: Jury, Murder
J. Mitchell finds that the lower court properly found the medical transportation company negligent for failing to secure a passenger's wheelchair, causing her to hit her head. The company failed to properly preserve its claim that the court erred in admitting evidence of three other similar incidents involving different drivers. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: March 12, 2024, Case #: WD86114, Categories: Evidence, Negligence
J. Ahuja finds that the lower court properly set aside the board's disciplinary order revoking the nurse's license for diverting opioid pain medication for her own personal use. The nurse immediately entered a rehab program after she was fired, and then went to work at a dialysis center where she had no access to opioids and was promoted twice. The board's decision ignored the circumstances of the nurse's rehabilitation, and punished her for being honest about her addiction. Reversed.
Court: Missouri Court Of Appeals, Judge: Ahuja, Filed On: March 12, 2024, Case #: WD86087, Categories: Administrative Law, Health Care
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. 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. Wright finds that the lower court properly granted the insurer's motion to dismiss a petition seeking coverage for the debtors' liability in the opioid mass tort claims, liabilities which were assumed by the trust in bankruptcy proceedings. The insurer's policy contains a forum selection clause clearly stating that disputes arising under those contract to be litigated in the courts of England or Wales. Affirmed.
Court: Missouri Court Of Appeals, Judge: Wright, Filed On: March 5, 2024, Case #: ED111765, Categories: Insurance, Jurisdiction, Contract
J. Odenwald finds that this appeal from the lower court's judgment granting a partnership accounting to the respondents must be dismissed. The court's interlocutory order for the parties to conduct an accounting was not eligible for Rule 74.01(b) certification because no claim has been fully resolved.
Court: Missouri Court Of Appeals, Judge: Odenwald, Filed On: March 5, 2024, Case #: ED111756, Categories: Civil Procedure, Partnerships