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Courts Bulletin - Current Issue (July 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 Law
Findings required. Norath v. Division of Employment Security, No. 103441 (Mo. App. E.D., May 31, 2016) Dowd, J.
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Criminal Law
State failed to prove that Defendant, who lived in the residence, had knowledge and control over methamphetamine found in pouches in a bedroom containing none of Defendant’s personal belongings. State v. Clark, No. 94959 (Mo. banc, June 28, 2016), Breckenridge, J.
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Juvenile Law
There is no “private action” to terminate parental rights (TPR), nor is there a common law right allowing one parent to just terminate the parental rights of the other parent. TPR judgment is reversed where the petition was filed by father against mother and the TPR was not sought in an adoption case. In the Matter of A.J.S., No. 34224 (Mo. App. S.D., July 1, 2016), Rahmeyer, J.
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Probate and Trust Law
Trial courts are prohibited from ruling on the validity of an estate claim at the initial hearing to open the estate. In the Estate of: Tiefenbrunn, et al. v. State of Missouri, et al., No. 34045 (Mo. App. S.D., April 6, 2016), Francis, Jr., J.
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Property Law
Tax bill not properly perfected in accord with § 67.398, RSMo., is not collectable as a tax lien against the real property. KH2, LLC v. Betts, acting in her official capacity as Greene County, Missouri Collector of Revenue, No. 34166 (Mo. App. S.D., April 27, 2016), Lynch, J.
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Tort Law
Quoting deposition testimony as a material fact supporting summary judgment is generally not proper under Rule 74.04 because it does not constitute or negate an element of a claim or affirmative defense. Custer v. Wal-Mart Stores East, L.P., No. 34132 (Mo. App. S.D., June 15, 2016), Lynch, J.
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