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Courts Bulletin - Current Issue (September 2016)

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.

Administrative Hearing Commission
Local arts nonprofit not entitled to charitable exemption from sales tax because it failed to show entitlement to tax-exempt status under Salvation Army v. Hoehn test. Arcadia Valley Arts, Inc. v. Director of Revenue, No. 15-0128 RS (Mo. AHC, August 4, 2016), Slusher, C.
Full Summary and Other Cases

Administrative Law
Venue statute does not apply when litigation expenses do not include an attorney fee. Missouri Real Estate Appraisers Commission v. Funk, No. 95255 (Mo. banc, June 28, 2016), Stith, J.
Full Summary and Other Cases

Criminal Law
Motion court must conduct an abandonment hearing before permitting the public defender to withdraw due to movant’s failure to complete an affidavit of indigency. Williams v. State, No. 79001 (Mo. App. W.D., August 2, 2016), Martin, J.
Full Summary and Other Cases

Elder Law
Full Summary and Other Cases

Family Law
Pursuant to § 452.400.6, RSMo, the court shall not predetermine a fine for non-compliance with orders as to visitation, custody, or support, and must determine if said violation occurred without good cause before considering possible remedies. Bialczak v. Bialczak, No. 103315 (Mo. App. E.D., June 30, 2016), Hoff, J.
Full Summary and Other Cases

Juvenile Law
Trial court did not err in refusing to take judicial notice of juvenile files from another circuit for Mother’s two other children where Mother made no request to the other circuit for disclosure of the juvenile records. TPR for abandonment affirmed where Mother did not visit or support child for over a year at the time the petition was filed. In Interest of A.C.G., No. 79274 (Mo. App. W.D., September 13, 2016).
Full Summary and Other Cases

Local Government
Contractor has standing to sue school district on claim that it was denied a fair and equal opportunity to bid for a public contract. Byrne & Jones Enterprises v. Monroe City R-1 School District, No. 94680 (Mo. banc., July 26, 2016), Breckenridge, C.J.
Full Summary and Other Cases

Tort Law
Worker’s Compensation exclusive remedy defense did not apply to wrongful death civil lawsuit brought by parents of slain employee against Dollar General Store where employee was killed by her boyfriend while she was working for Dollar General Store. Flowers, et al. v. City of Campbell, Missouri, et al., No. 31440 (Mo. App. S.D., August 31, 2012), Bates, J.
Full Summary and Other Cases