Courts Bulletin - Current Issue (March 2014)

The latest court decisions are summarized each month in the Courts Bulletin. This publication keeps Missouri Bar members current with rulings in selected areas of the law. Selected federal court opinion summaries, new or amended rules of court and other matters of interest to practitioners are also included from time to time. A panel of volunteer lawyers, all authorities in their respective subject areas, prepare the case summaries. Readers are encouraged to check Missouri CaseNet for the current status of any reported decisions.

NOTICE
On November 6, 2012 an opinion was mistakenly handed down in Western District Court of Appeals case WD74661, State vs. Benjamin Scott Owen. At the court’s request this opinion has been withdrawn and followed up with a per curiam order on December 4, 2012. The opinion in this case should not be cited or used in any case before any court.

 In This Issue

Administrative Hearing Commission
Corporation’s president properly assessed for sales tax as responsible party. Bisch v. Director of Revenue, No. 11-1813 RS (Mo. AHC, February 5, 2014), Dandamudi, C.
Full Summary and Other Cases  

 
Administrative Law
Judicial review of non-contested case discussed. Hauk, v. Scotland County Commission, et al., No. 99724 (Mo. App. E.D., February 25, 2014), Clayton, J.
Full Summary and Other Cases  

 
Bankruptcy Law
Section 105 and inherent powers cannot be utilized to surcharge debtor’s exempt property for costs to estate incurred by debtor’s fraudulent conduct during a bankruptcy case. Law v. Siegel, U. S. Supreme Court No. 12-5196 (Mar. 4, 2014).
Full Summary and Other Cases  

 
Criminal Law
Movant was not abandoned by counsel who filed untimely postconviction pleading on his behalf, limiting the holding of McFadden v. State. Price v. State, No. 93120 (Mo. banc, February 25, 2014), Wilson, J.
Full Summary and Other Cases

 
Juvenile Law
Dismissal of Mother’s petition under § 210.854 is affirmed as Mother did not allege that she was not the biological parent. Cooper v. Cooper, No. 32236 (Mo. App. S.D., March 14, 2014), Sheffield, J.
Full Summary and Other Cases

 
Medical Malpractice
Medical malpractice/wrongful death action against hospital and physician. Section 538.225 affidavit of Plaintiff failed to include name, address, and qualifications of Plaintiff’s expert. The trial court dismissed without prejudice for failure to comply with § 538.225. It was not sufficient that this action was the re-filing of a previous action in which defense counsel had agreed to use of discovery from the prior action, and the discovery from the prior action contained the deposition and curriculum vitae of Plaintiff›s expert. Dismissal without prejudice affirmed. Sillyman v. Barbe, No. 32778 (Mo. App. S.D., February 20, 2014), Sheffield, J.
Full Summary and Other Cases

 
Probate and Trust Law
Grandparents of minor child do not have standing to remove the minor child’s guardian where they did not have a vested financial interest in their grandson’s estate and thus are not considered an “interested person” under the Missouri probate code. In the Interest of: R.C.H, No. 99700 (Mo. App. E.D., November 19, 2013), Quigless, J.
Full Summary and Other Cases

 
Property Law
Intent to abandon easement must be shown, along with non-use, for abandonment to apply, and exclusivity is a requirement to extinguish an easement by adverse possession, but without a legal description the grantee of a valid easement is entitled to a convenient, reasonable and accessible way for use. Baker, et al. v. Walnut Bowls, Inc., et al., No. 31205 (Mo. App. S.D., February 11, 2014), Bates, J.
Full Summary and Other Cases

 
Public Service Commission
ISRS increase was timely. In The Matter of The Application of Laclede Gas Company D/B/A Missouri Gas Energy, For Approval to Change its Infrastructure System Replacement Surcharge; Public Service Commission of The State of Missouri v. The Office of Public Counsel, No. 76509 (Mo. App. W.D., January 14, 2014), Welsh, C.J.
Full Summary and Other Cases

 
Workers' Compensation
An “unexplained” fall can be compensable based upon reasonable inferences from credible evidence. Dorris v Stoddard County, No. 32830 (Mo. App. S.D., January 31, 2014), Sheffield, J.
Full Summary and Other Cases

 
Other Areas of Law
Private university which permits members of the public to apply for admission is open to “a subset of the general public” is therefore subject to the Missouri Human Rights Act. State of Missouri ex rel., Washington University v. Richardson & Missouri Commission on Human Rights, Nos. 74907 & 74993 (Mo. App. W.D., February 5, 2013), Newton, J.
Full Summary and Other Cases