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Courts Bulletin - Current Issue (June 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
Car seller falsely giving affidavit that he was gifting car to buyer not a “good deed” allowing buyer to avoid sales tax. Carter v. Director of Revenue, No. 14-1745 RV (Mo. AHC, Apr. 14, 2016, Berri, C.).
Full Summary and Other Cases

 
Administrative Law
Unpublished rule given no effect. Taylor vs. Division of Employment Security, No. 78931 (Mo. App. W.D., May 10, 2016), Pfeiffer, J.
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Contract Law
Motion for summary judgment affirmed. A lessee does not breach a lease in refusing to pay for damages to the leased premises caused by a casualty that is covered by insurance that the lessor is required under the lease to insure against. Storey v. RGIS Inventory Specialists, No. 101817 (Mo. App. E.D., May 12, 2016), Sullivan, P.J.
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Criminal Law
Postconviction allegation that plea counsel should have objected to group plea is sufficient to warrant evidentiary hearing. Miller v. State, No. 103323 (Mo. App. E.D., May 3, 2016), Page, J.
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Family Law
Court cannot rely upon evidence of a party’s financial situation presented during a dissolution trial when awarding attorney’s fees in a post-dissolution hearing held just months later. Alabach v. Alabach, No. 103175 (Mo. App. E.D., March 29, 2016), Quigless, A.
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Juvenile Law
Where Father signed an acknowledgment of paternity, had his name added to the birth certificate, took care of the child, and viewed himself as father, Father cannot claim the trial court was without authority or jurisdiction to terminate his rights as he was a necessary party and met the definition of parent in Section 211.442(3), RSMo. In Interest of A.R.T. and R.A.T., No. 34196 (Mo. App. S.D., May 17, 2016), Bates, J.
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Taxation Law in Missouri
Sales Tax – Fees received for dance lessons found paid in a place of amusement, entertainment or recreation and therefore taxable. Miss Dianna’s School of Dance, Inc. v. Director of Revenue, No. 95102 (Mo. banc, January 12, 2016), Fischer, J. (Draper, J, dissenting).
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Tort Law
Lack of evidence to support both good cause and meritorious defense is fatal to a motion to set aside default judgment. Kansas City Live LLC v. Bukovac, No. 78882 (Mo.App. W.D., May 3, 2016), Witt, J.
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Workers' Compensation
Commutation of a permanent total award can be ordered based upon a finding that the Employer “disregarded” the award providing for medical treatment. Thomas v. Forsyth Care Center, No. 34151 (Mo. App. S.D., March 22, 2016), Lynch, J.
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