221 results for 'court:"Missouri Court Of Appeals"'.
J. Gaertner finds that the lower court improperly denied the construction contractor's motion to compel arbitration of a contract dispute with its concrete supplier. The parties' contract vests exclusive determination of arbitrability with the arbitrator and the Federal Arbitration Act preempts the Missouri Uniform Arbitration Act. Reversed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: February 27, 2024, Case #: ED111680, Categories: Arbitration, Construction, Contract
J. Stevens finds that the lower court properly convicted defendant of a DUI. The evidence supports a finding that defendant drove his car while intoxicated because he was found unconscious in the driver's seat, parked in an intersection, with the car running and the key fob in his pocket. Affirmed.
Court: Missouri Court Of Appeals, Judge: Stevens, Filed On: February 27, 2024, Case #: ED111607, Categories: Dui
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J. Sutton finds that the lower court properly convicted defendant of rape, sodomy, and kidnapping. The state proved beyond a reasonable doubt that defendant locked the victim in the trunk of her car and drover her to a secluded spot so he could force her to perform oral sex at gunpoint. Further, the court did not err in declining to answer the jury's question about whether defendant's sentences would run consecutively or concurrently. Affirmed.
Court: Missouri Court Of Appeals, Judge: Sutton, Filed On: February 20, 2024, Case #: WD85844, Categories: Sex Offender, Kidnapping, Jury Instructions
J. Witt finds that the lower court properly allocated attorneys' fees in a settlement of claims asserted against the Board of Trustees of the Missouri Public Entity Risk Management Fund. The court did not misapply the law in holding they could not recover attorneys' fees absent an existing contingency fee contract. Further, the law firm did not prove the reasonable value of the services it performed. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: February 20, 2024, Case #: WD85947, Categories: Attorney Fees, Contract
J. Thomson finds that the lower court improperly found that the daughter is not a resident of her father's household for purposes of an insurance policy exclusion that the insurer relied upon to deny coverage for the 11-year-old girl's ATV accident. The entry of summary judgment is inappropriate in this situation where the parties' dispute this issue. Reversed.
Court: Missouri Court Of Appeals, Judge: Thomson, Filed On: February 20, 2024, Case #: WD85527, Categories: Insurance, Contract
J. Hardin-Tammons finds that the lower court properly found defendant guilty of murder and armed criminal action. The state presented sufficient evidence to prove he intended to shoot the victim given that her death was caused by a close-range shot to the head. Further, the court did not plainly err by not instructing the jury on the lesser included offense of involuntary manslaughter. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: February 20, 2024, Case #: ED111322, Categories: Intent, Murder, Jury Instructions
J. Odenwald finds that the lower court properly convicted defendant of resisting arrest and assault after admitting evidence that, at the time of the arrest, defendant had been charged in a neighboring jurisdiction with kidnapping and assault. Defendant cannot show any miscarriage of justice resulted from the admission of this evidence. Affirmed.
Court: Missouri Court Of Appeals, Judge: Odenwald, Filed On: February 20, 2024, Case #: ED111230, Categories: Evidence, Assault, Resisting Arrest
J. Hardin-Tammons finds that the lower court properly allocated a portion of the settlement proceeds to the subrogee-insurer, which paid the homeowners $722,000 for property damage after a house fire. The policy provides the insurer the right to recover from parties responsible for its losses, even here where the settlement was for personal injuries not property damages. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: February 20, 2024, Case #: ED111805, Categories: Insurance, Contract
J. Albrecht finds that the lower court properly found the candidates' circulator affidavits complied with statutory requirements and allowed them to be included on the March 2024 primary election ballot as candidates for nomination of the Democratic Party for election to the office of Appellate Court Judge in the First District of the State of Illinois. The circulators substantially complied with the law when they claimed the signatures were collected between September 5 and December 4, 2023, even if the nominating petitions were filed on November 27. Affirmed.
Court: Missouri Court Of Appeals, Judge: Albrecht, Filed On: February 20, 2024, Case #: 240224, Categories: Elections
J. Martin finds that the lower court properly convicted defendant of second-degree murder after overruling his objections to the introduction of statements made by a co-conspirator. The evidence clearly supports a finding that defendant conspired with two other men to develop a plan to rob the victim, so the co-conspirator's comments made in furtherance of that conspiracy are admissible under the co-conspirator exception to the hearsay rule. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: February 13, 2024, Case #: WD85834, Categories: Evidence, Murder
J. Clayton finds that the lower court properly convicted defendant of killing his girlfriend and sentenced him to life without parole. Under the totality of the circumstances, the evidence shows defendant made a knowing waiver of his Miranda rights before his interrogation by police. Further, the court did not abuse its discretion in admitting a recording from the victim's phone as defendant was not prejudiced by the admission due to the strong evidence of his guilt. Affirmed.
Court: Missouri Court Of Appeals, Judge: Clayton, Filed On: February 13, 2024, Case #: ED111130, Categories: Evidence, Miranda, Murder
J. Odenwald dismisses the appeal due to numerous briefing deficiencies, including the submission of fictitious cases generated by artificial intelligence, which qualifies as an abuse of the judicial system. Appellant must pay $10,000 to the respondent for filing a frivolous appeal.
Court: Missouri Court Of Appeals, Judge: Odenwald, Filed On: February 13, 2024, Case #: ED111172, Categories: Civil Procedure, Sanctions, Technology
J. Martin finds that the lower court properly terminated the mother's parental rights due to her substance abuse issues and arrest for identity theft. The court expressly made all necessary findings to determine the extent to which the parent maintained regular visitation with her child and how the parent's convictions will impact her ability to provide a stable home. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: February 13, 2024, Case #: WD86297, Categories: Family Law
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. Witt finds that the lower court properly convicted defendant of sodomy and child molestation. The court did not err by admitting the abused child's out-of-court statements made to investigators. Her statements were consistent with her videotaped forensic interview testimony, and there is no evidence she had a motive to fabricate her story. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: January 30, 2024, Case #: WD85845, Categories: Evidence, Sex Offender
J. Gardner finds that the lower court properly granted the police officer immunity on personal injury claims stemming from a car accident with an on-duty cop who was driving 87 miles per hour before the impact. The officer was speeding to assist another officer in an emergency, and did not intend to injure anyone. Expert testimony that the officer's conduct was reckless is insufficient to demonstrate intent to harm in this situation. Affirmed.
Court: Missouri Court Of Appeals, Judge: Gardner, Filed On: January 30, 2024, Case #: ED111694, Categories: Tort, Immunity
J. Gaertner finds that the lower court improperly found the brother and sister's settlement agreement ambiguous because it did not explicitly say where the cash distribution to the brother equal to one half of the value of their mother's residence was to be made from. The agreement unambiguously provided the cash distribution was to come from the trust, not from the sister personally. Reversed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: January 30, 2024, Case #: ED111296, Categories: Settlements, Wills / Probate
J. Growcock finds that the lower court properly convicted defendant of misdemeanor animal abuse. The evidence is sufficient to find defendant intended to hurt the dog by using a leach as a makeshift collar to "helicopter" the dog around the yard. Affirmed.
Court: Missouri Court Of Appeals, Judge: Growcock, Filed On: January 26, 2024, Case #: SD37827, Categories: Animal Cruelty
J. Clayton finds that the lower court properly found for the woman in a slip and fall suit against the hospital. Simply because the woman could have seen the fold in the rubber mats at the hospital entrance had she been looking down at the floor does not mean that the dangerous condition was open and obvious. The obviousness of the dangerous condition is a factor for the jury to consider, and here it assigned 35% fault to the woman. Affirmed.
Court: Missouri Court Of Appeals, Judge: Clayton, Filed On: January 23, 2024, Case #: ED111387, Categories: Tort
J. Bates finds that the lower court properly denied defendant's post-conviction motion alleging ineffective assistance of counsel. Even if his counsel had objected to defendant's new girlfriend's testimony that defendant put a gun in her mouth, there is no reasonable probability that the result of the trial would have been different. Affirmed.
Court: Missouri Court Of Appeals, Judge: Bates, Filed On: January 23, 2024, Case #: SD37871, Categories: Evidence, Ineffective Assistance, Murder
J. Thomson finds that the lower court properly found the minor child neglected after her third overdose on prescription medication and placed her as a ward of the state. The parents failed to obtain necessary psychological help for the child and were repeatedly unable to keep medication locked away from the child. Affirmed.
Court: Missouri Court Of Appeals, Judge: Thomson, Filed On: January 23, 2024, Case #: WD86165, Categories: Family Law
J. Clark finds that the lower court improperly granted the heir's motion to set aside the tax sale of the land parcel because he was unaware he had been deeded the land until three years after the owner's passing, during which time no one paid property taxes on the land. No one informed the city about the owner's death, and therefore the heir failed to make sufficient efforts to preserve his property interest. Reversed.
Court: Missouri Court Of Appeals, Judge: Clark, Filed On: January 23, 2024, Case #: ED111425, Categories: Property, Tax
J. Sutton finds that the lower court properly revoked defendant's driving privileges after she was arrested for a DUI. The court reasonably found the officer had probable cause to believe she was intoxicated, and she was allowed an opportunity to contact an attorney following her arrest. Affirmed.
Court: Missouri Court Of Appeals, Judge: Sutton, Filed On: January 16, 2024, Case #: WD85515, Categories: Administrative Law, Vehicle
J. Mitchell finds that the lower court properly rejected a company's challenge to the state's award of a contract for non-essential medical transportation services to another bidder. There was no evidence that the state's evaluators abused their discretion when applying adjectival ratings to the bids submitted by bidders. The record supported the evaluators' decision to give the company a "Superior" rating rather than "Distinctive." Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: January 16, 2024, Case #: WD86090, Categories: Administrative Law, Contract
J. Gardner finds that the lower court properly found for the plaintiff sister on fraudulent misrepresentation claims alleging the defendant sister promised to help her buy a house by co-signing a loan, but instead bought the house in her own name and refused to transfer the title. The evidence was sufficient to support the allegation that the sister knowingly made false statements that her sister relied on. However, the court went too far by ordering the defendant sister to sell the house to her sister because the sister was already awarded damages to compensate her for the loss. Affirmed in part.
Court: Missouri Court Of Appeals, Judge: Gardner, Filed On: January 16, 2024, Case #: ED110814, Categories: Fraud, Property
J. Mitchell finds that the lower court properly found for the university in a breach of employment contract dispute with a non-tenured professor. The university was justified in terminating the professor's contract after learning of his alleged misconduct on a study abroad trip. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: January 16, 2024, Case #: WD86136, Categories: Employment, Contract
J. Gardner finds that the lower court improperly ordered the funeral home to give decedent's children their mother's remains. They cannot demonstrate that their rights of sepulcher were superior to those of decedent's mother, who has a health care power of attorney over the mother's remains. Reversed.
Court: Missouri Court Of Appeals, Judge: Gardner, Filed On: January 16, 2024, Case #: ED111188, Categories: Wills / Probate