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Courts Bulletin - Current Issue (July 2015)

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.  

 In This Issue

Administrative Hearing Commission
Vehicle scrap dealer not entitled to sales tax exemption for equipment purchases, because its intent to become a material recovery processing plant did not satisfy statutory requirement that it be such a plant. Reeds Wrecked Cars, LLC v. Director of Revenue, No. 13-1106 RS (Mo. AHC, May 27, 2015), Dandamudi, C.
Full Summary and Other Cases  

 
Administrative Law
No contested case review for non-contested case. 450 N. Lindbergh Legal Fund, LLC, et al. v. City of Creve Coeur, Missouri, et al., No. 102404 (Mo. App. E.D., June 16, 2015), Mooney, P.J.
Full Summary and Other Cases  

 
Criminal Law
Felony nonsupport conviction supported by showing no monetary support. State is not held to the burden of proving lack of in-kind support where defendant has not presented evidence of such. State v. Claycomb, No. 94526 (Mo. banc, June 30, 2015), Stith, J.
Full Summary and Other Cases

 
Family Law
It is unclear under the UCCJEA whether home-state jurisdiction controls as to children born after the commencement of an initial custody proceeding. Blanchette v. Blanchette, No. 102153 (Mo. App. E.D., June 2, 2015), Ahrens, J.
Full Summary and Other Cases

 
Juvenile Law
Termination of parental rights (TPR) for abandonment affirmed where Father did not visit child for 16 months, provided no support despite ability, stopped attending therapy, had a probation revocation proceeding pending at time of trial related to ongoing marijuana use, failed to appear for parts of the trial, walked out of trial after uttering an expletive during one witness’ testimony, offered to consent to TPR if child were placed with his family, admitted during testimony that he had failed to support and visit child, failed to complete recommended programs, and where child suffered emotionally with each of father’s setbacks. In Interest of M.T.E.H., No. 33637 (Mo. App. S.D., June 24, 2015), Burrell, J.
Full Summary and Other Cases

 
Local Government
Plaintiffs lack standing to challenge city’s alleged failure to collect restaurant taxes. Bethman v. Faith, No. 101896 (Mo. App. E.D., June 9, 2015), Hess, J.
Full Summary and Other Cases

 
Property Law
Tenant security deposit protections of § 535.300, RSMo., are consumer protections, not subject to contractual waiver and mandatory in enforcement. Younker, et al. v. Investment Realty, Inc., et al., No. 33179, (Mo. App. S.D., February 20, 2015), Lynch, J. 
Full Summary and Other Cases

 
Public Service Commission
ISRS excludes damaged infrastructure. In the matter of the verified application and petition of Liberty Energy (Midstates) Corp. d/b/a Liberty Utilities to change its infrastructure system replacement surcharge, Missouri Public Service Commission, v. The Office of Public Counsel, No. 94470 (Mo. banc, June 16, 2015), Draper III, J.
Full Summary and Other Cases

 
Taxation Law in Missouri
Sales Tax – Sales of trade show displays to out-of-state customers subject to sales tax. VisionStream, Inc. v. Director of Revenue, No. 94441 (Mo. banc, June 30, 2015), Stith. J.
Full Summary and Other Cases

 
Tort Law
A defendant cannot force a plaintiff to try the case on damages only by admitting liability so as to avoid introduction of unfavorable liability evidence, such as the defendant-driver’s intoxication. Cogdill, et al. v. Flanagan, et al., No. 32219 (Mo. App. S.D., October 7, 2013), Francis, Jr., C.J.
Full Summary and Other Cases