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Courts Bulletin - Current Issue (January 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.

Criminal Law
Letter notifying counsel of postconviction motion was explicitly not an order appointing counsel, and did not start the time running from which to file an amended motion. Laub v. State, No. 33759 (Mo. App. S.D., December 22, 2015), Lynch, J.
Full Summary and Other Cases

 
Family Law
An order for child support in a modification may only be made retroactive to the date of the filing of the prevailing party. In addition, § 452.340.5 does not require that a child be enrolled in 12 credit hours on any single date within a semester in order to remain eligible for support. Klein v. Klein, No. 78026 (Mo. App. W.D., September 29, 2015), Hardwick, J.
Full Summary and Other Cases

 
Juvenile Law
Termination of parental rights for failure to rectify is affirmed where: (1) Children participated in and observed sexual activity in the home; (2) in home services were offered, but violated, resulting in removal to foster care; (3) mother first admitted the allegations, but later denied them, and accused Children of lying; (4) additional sexual abuse was disclosed in therapy, including sexual acts with Mother, in addition to other children in the home; (5) original conditions still existed and were unlikely to be remedied; (6) extensive reunification efforts failed; and (7) reasonable efforts were made to prevent termination. In Interest of J.S. and N.D., No. 78628 (Mo. App. W.D., December 22, 2015), Gabbert, P.J.
Full Summary and Other Cases

 
Probate and Trust Law
Estate beneficiary has standing to raise undue influence claims when there was no prior beneficiary designation on an account because upon a finding of undue influence the account would revert back to Decedent’s estate and the beneficiary would stand to benefit. However, an estate beneficiary lacks standing to raise an undue influence claim on an account that had prior payable on death designations at the time of the alleged undue influence, because upon a finding of undue influence the accounts would revert to the previously named beneficiary instead of Decedent’s estate. Williams v. Hubbard, et al., No. 76023 (Mo. App. W.D., October 15, 2013), Ellis, J.
Full Summary and Other Cases

 
Property Law
A petition which satisfies prima facie elements required for breach of contract is sufficient and a motion to dismiss same is not treated as one for summary judgment without proper notice given pursuant to Rule 55.27(a). Arnold Crossroads, LLC v. Gander Mountain Co., No. 102287 (Mo. App. E.D., October 6, 2015), Richter, J.
Full Summary and Other Cases

 
Workers' Compensation
The extension of premise doctrine is extended to reserved parking spots and an accident on the lot is automatically “in the course of” a claimant’s employment. Missouri Department of Social Services v. Beem, No. 78159 (Mo. App. W.D., October 13, 2015), Howard, J.
Full Summary and Other Cases