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Courts Bulletin - 11-Aug

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.

In This Issue

Civil Practice and Procedure
Common law defenses held to be precluded by Section 432.047.2, the Statute of Frauds. Bancorpsouth Bank v. Paramount Properties, L.L.C. et al., No. 95871 (Mo. App. E.D., June 28, 2011), Hoff, J.
Full Summary and Other Cases

Criminal Law
Convictions of stalking and violating an order of protection for the same conduct do not violate double jeopardy. State v. Stewart, No. 30307 (Mo. App. S.D., July 26, 2011), Bates, J.
Full Summary and Other Cases

Elder Law
New Numbers for MO HealthNet Participants
Full Summary and Other Cases

Juvenile Law
Termination of father's parental rights (TPR) for parental unfitness is affirmed despite the fact that father sent numerous cards and letters, spoke with the child by telephone, completed every program available to him in prison and performed all tasks requested of him by the Children's Division. Father has been incarcerated the majority of his adult life; child has had no physical contact with father; child does not know father and is closely bonded to her foster parents, where she has lived all of her life. Creation of a bond has not occurred despite father's efforts and would likely take too long and is therefore inconsistent with timely permanency. The doctrine of "law of the case" does not prevent TPR in this case, but merely prevents the trial court from presuming parental unfitness due to father's incarceration as directed in a previous appeal in this case. In Interest of Z.L.R., No. 30881 (Mo. App. S.D., July 15, 2011), Lynch, J.
Full Summary and Other Cases

Local Government
City's utility charges were a fee, and not unauthorized taxes; the charges did not violate the Hancock Amendment, even though the charges exceeded the cost of providing the service. Arbor Investment Company v. City of Hermann,No. 91109 (Mo. banc, May 31, 2011), Stith, J.
Full Summary and Other Cases

Medical Malpractice
The fact that a person has committed suicide may not foreclose a medical negligence case against a healthcare provider based upon wrongful death claim. Kivland, et al. v. Columbia Orthopaedic Group, LLP, et al.,No. 90708 (Mo. banc, January 25, 2011), Wolff, J.
Full Summary and Other Cases

Taxation Law in Missouri
Use Tax - Purchase of personal property, including furniture, appliances, and linens for use of guests in taxpayer's cabins and cottages did not constitute a purchase for resale. Worlds of Fun, et al. v. Director of Revenue, No. 08-1935RS (Mo. AHC, July 21, 2011), Dandamudi, C.
Full Summary and Other Cases

Tort Law
A claim for intentional failure to supervise clergy requires a showing that the alleged abuse occurred on premises owned or controlled by the church, or upon premises which the clergy person is privileged to enter only as a servant of the church. John Doe AP v. Roman Catholic Archdiocese of St. Louis, et al., No. 94720 (Mo. App. E.D., July 5, 2011), Dowd, J.
Full Summary and Other Cases

Other Areas of Law
Prevailing market rate of $175 per hour, standing alone, is not a "special factor" under Section 536.087, RSMo permitting award of fees in excess of $75 per hour. Vance v. Griggs, et al., No. 71664 (Mo. App. W.D., November 9, 2010), Mitchell, J.
Full Summary and Other Cases