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Courts Bulletin - Current Issue (April 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

Construction Law
Indemnitors on payment bond indemnity agreement held liable for settlement paid by surety, together with attorneys’ fees incurred by the surety, and for attorneys’ fees incurred by the surety on appeal. Developers Surety and Indemnity Company v. Woods of Somerset, LLC, et al, No. 77792 (Mo App. WD., March 3, 2015), Ellis, P.J.
Full Summary and Other Cases  

Criminal Law
Actions of buying gun, practicing, and planning an assault at Walmart were sufficient evidence of a substantial step sufficient to support conviction of attempted assault and armed criminal action. State v. Lammers, No. 33256 (Mo. App. S.D., March 31, 2015), Scott, J.
Full Summary and Other Cases  

Juvenile Law
Terminations for abandonment, neglect, and failure to rectify affirmed where parents did not visit for six months prior to filing of TPR petition, where there was token visitation after the petition was filed, and where parents consented to adoption by father’s aunt. Denial of motion for continuance on the day of trial where parents failed to appear without explanation on the morning of trial is not an abuse of discretion where there is no compliance with Rule 65.03. In Interest of V.C.N.C. and T.D.C.C., No. 101743 (Mo. App. E.D., March 10, 2015). Richter, J.
Full Summary and Other Cases

Local Government
Property owner’s liability for tenant delinquencies not actionable against water district under inverse condemnation. Metropolitan St, Louis Sewer District v. City of Bellefontaine Neighbors, No. 101713 (Mo. App. E.D., February 3, 2015), Gaertner, J.
Full Summary and Other Cases

Tort Law
Political subdivision does not have standing to claim inverse condemnation for taking of its public property. Metropolitan St. Louis Sewer District v. City of Bellefontaine Neighbors, et al., No. 101713 (Mo.App. E.D., February 24, 2015), Gaertner, Jr., J.
Full Summary and Other Cases