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Courts Bulletin - Current Issue (August 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
Business owner operating without sales tax license subject to penalty for doing so, but penalty lowered due to Director’s continuing to treat him as if he had a license. Heuer v. Director of Revenue, No. 15-1238 RS (Mo. AHC, June 13, 2016, Berri, C.). 
Full Summary and Other Cases

                                                                                     
Civil Practice and Procedure
When signing a contract for a company leads to personal jurisdiction over the individual who signed. State of Missouri ex rel. Wills v. Honorable Tom DePriest, No. 103867, (Mo. App. E.D., February 2, 2016), Van Amburg, C.J.
Full Summary and Other Cases

 
Criminal Law
Court’s failure to sign document in which defendant waived his trial rights and pleaded guilty was not grounds for withdrawing plea 20 years later. State ex rel. Parks v. Hoven, No. 104243 (Mo. App. E.D., July 12, 2016), Gaertner, J.
Full Summary and Other Cases

 
Family Law
Court should rely upon Rule 74.07 rather than § 516.350, RSMo., for specific act of vesting of title following a dissolution as said statute applies only to money judgments. Longan v. Longan, No.78748 (Mo. App. W.D., May 3, 2016), Newton, J.
Full Summary and Other Cases

 
Probate and Trust Law
Common law of Missouri and § 474.150, RSMo. state that a spouse may not give away his/her property without consideration and with the intent and purpose of defeating the marital rights of the other spouse. Whether a transfer was made in fraud of the surviving spouse’s marital rights is determined by the facts and circumstances existing at the time of the transfer. Where there is no direct evidence of the decedent’s intent to defraud, the court looks to certain “badges of fraud” to determine whether the spouse made the challenged transfers with fraudulent intent. However, in determining the spouse’s intent, the court may consider and weigh all the facts and circumstances in evidence. McKenna v. McKenna, et al., No. 103054 (Mo. App. E.D., June 30, 2016) Dowd, J.
Full Summary and Other Cases

 
Property Law
The appeal of a Judgment which is itself internally inconsistent and unclear in its particulars (such as apportionment is too indefinite to enforce) must then be dismissed for lack of a final judgment. Lambrou v. Jackson, et al., No. 33825 (Mo. App. S.D., June 22, 2016), Sheffield, C.J.
Full Summary and Other Cases

 
Tort Law
Over-the-road driver’s action of stabbing someone was not within the course and scope of his employment so as to create vicarious liability for his employer. Inman, et al. v. Dominguez, et al., No. 31441 (Mo. App. S.D., May 30, 2012), Lynch. J.
Full Summary and Other Cases