Case summaries are provided through Tuesday, November 20. If any additional cases are handed down between today, November 21, and Friday, November 23, they will be included in next week's ESQ.
Administrative "Modification" System Discussed
Statute gives Circuit Court jurisdiction to decide Agency's motion to modify judgment. Statute also provides that Agency need not plead a substantial and continuing change in circumstances. Dismissal must be based on findings of fact.
State of Missouri, Department of Social Services, Division of Family Support, Appellants v. Richard Stipancich and Peter Howard IV, Respondents. Missouri Court of Appeals Western District
Non-Lawyer Cannot Represent Agency
Employer's Counsel instituted administrative review, which vested jurisdiction in tribunal. Full-time managerial employee may not represent State agencies in proceedings before the Division of Employment Security, only a private entity, under Supreme Court Rule. But violation of that rule does not affect tribunal's jurisdiction, and Employer waived that issue by failing to object. "The objection in this case, however, is not from the victim." Hearing Officer properly questioned witnesses to build record, which supports decision that Employer's workers are employees, not independent contractors.
Mary Jeanette Haggard d/b/a Jenny's Housecleaning, and Jenny's Housecleaning, Inc., Appellants, v. Division of Employment Security, Respondent. Supreme Court of Missouri
Settlement Of Criminal Action Barred Administrative Action
Agency's administrative claim based on certain conduct was barred by State's release of Defendant from "any administrative claim or any action seeking exclusions from the state of Missouri's Medicaid program" based on such conduct. Such language, employing the disjunctive "or," barred all administrative claims, not just actions for exclusion from Medicaid.
TAP Pharmaceutical Products Inc., d/b/a Pharmacy Solutions, Respondent, v. State Board of Pharmacy, Appellant. Supreme Court of Missouri
Artisan's Lien Supports Stealing Charge
Common law artisan's lien gave mechanic a possessory interest in the parts he installed in Defendant's car, so that Defendant's failure to return from "test drive" constituted stealing parts by deceit. But car repairs are not part of definition of services in stealing statute, so value stolen amounted to a misdemeanor, not a felony. Court of Appeals enters judgment of guilty for misdemeanor stealing and remands for sentencing.
State of Missouri, Respondent, v. Lorenzo Ecford, Appellant. Missouri Court of Appeals Eastern District
Burden Of Proof On Location Of Events Transferred
Venue was not an element of crime, so Circuit Court did not err in preventing Defense from arguing that a reasonable doubt existed as to where crime occurred. MAI suggesting otherwise does not prevail over substantive law. Defendant may seek transfer by pre-trial motion. Burden of proof on venue is a preponderance of the evidence, so location of crime may be reasonably inferred from evidence. Venue is not an element of jurisdiction, remedy for improper venue is transfer, and error must be prejudicial to merit relief.
State of Missouri, Respondent, v. Leonard Taylor, Appellant. Supreme Court of Missouri
State Has No Relief From Judgment For Defendant
Issuance of order granting motion to suppress, simultaneously with judgment for Defendant, precluded State from seeking interlocutory appeal. But double jeopardy bars relief because judgment was valid. Statute allowed issuance of judgment on Sunday because judge's term expired that day, later filing by clerk notwithstanding, because Sunday was the last day in office.
State of Missouri, Appellant, v. Steven J. Seuferling, Respondent. Missouri Court of Appeals Western District
Cell Phone Records Show Calling In Sick
Claimant offered cell phone records, which showed calls to Employer, which demonstrated compliance with Employer's policy on sick days. Such evidence proved that Claimant did not abandon employment.
Summer Miller, Appellant v. Nucrown, Inc., Division of Employment Security, Respondent. Missouri Court of Appeals Western District
Irrelevant Evidence Was Not Prejudicial
Victim's trial testimony was inconsistent with prior statement, but not within itself, so it needed no corroboration to support a conviction. Mistrial was not required when State's witness's unresponsive testimony presented "no reasonable probability that [it] affected the outcome of the trial" and sustaining other objections was a sufficient remedy. Circuit Court should have edited irrelevant material out of videotaped statement, but error was not prejudicial.
State of Missouri, Plaintiff-Respondent, v. Kenneth Edward Norris, Defendant-Appellant. Missouri Court of Appeals Southern District
Missouri Law Extends California Order
California child support order was due to expire, but Mother moved to Missouri and obtained modification. Father failed to appeal modification, and to impeach it when enforced or in his own action, and so waived personal jurisdiction. Father sought termination of child support, but Uniform Reciprocal Enforcement of Support Law only enforces payment of California order, not its termination. Missouri statutes extend child support through secondary education. "[T]he interest of Missouri in the welfare of its resident child outweighs the interest of [State] where father resides, in protecting its sovereignty."
Melissa Burke, Appellant, v. Earl Hutto, Respondent. Missouri Court of Appeals Eastern District
Future Damages Affirmed
Plaintiff supported submission of future damages to jury with expert medical testimony that such damages are "reasonably likely to occur." Circuit did not plainly err in failing to interrupt
sua sponte Plaintiff's closing argument on damages allowable. Evidence supported amount of damages without remittitur.
Anna Berthelsen, Respondent v. URS Corporation, Appellant. Missouri Court of Appeals Western District
Time For Ruling On After-Trial Motion Had Passed
First order of distribution was null because it issued without notice and hearing. Second order of distribution was final when time passed for ruling on after-trial motions. No party filed a notice of appeal from second order of distribution, so Circuit Court lost jurisdiction and third order of distribution was null. Appeal from third order of distribution dismissed for lack of jurisdiction.
In the Estate of Barbara Shaw, Deceased. Stephen Earl Bennett, Personal Representative-Respondent. Missouri Court of Appeals Southern District
Trustee's Removal Affirmed
In action to remove Trustee, necessary parties are qualified beneficiaries, so Plaintiff beneficiary need join no remote beneficiaries. Plaintiff may virtually represent all qualified beneficiaries with identical interests. Trustee's speculation raises no dispute as to the material fact established in Plaintiff's affidavit. Summary judgment for Plaintiff affirmed.
Harold A. Davis, Plaintiff/Respondent, v. U.S. Bank National Association, Defendant/Appellant. Missouri Court of Appeals Eastern District
Expert Testimony Relevant To Necessary Expenses Of Operation
Term of art in statute, “necessary expenses of operation,” has changed over time with accounting principles, so expert accountancy testimony was relevant to its definition, and Circuit Court erred in excluding it.
UMB Bank, NA., Respondent v. City of Kansas City, Missouri, Appellant. Missouri Court of Appeals Western District
Claim Against Insolvent Employer May Proceed
Guaranty Corporation declared Employer insolvent, but Employer was not bankrupt, so Claimant need file no proof of claim in any bankruptcy court against any estate before seeking relief. Remanded for decision on provider's claims.
Steven Meadows, Respondent, v. Havens Erectors, Inc., and Missouri Private Sector Ind. Self Insurers Guaranty Corp., Appellant, The Austin Company, Respondent. Missouri Court of Appeals Western District
Failure To Instruct Is Not "Something More"
Plaintiff alleged that Supervisor failed to instruct him sufficiently on operation of machine, but did not allege any affirmative direction to constitute the "something more" that lifts the immunity of a co-worker or supervisor under Workers' Compensation Law to a civil action.
State ex rel. Jeffrey Wayne Patton, Relator, v. Honorable Jack Grate, Circuit Judge, Division 17, 16th Judicial Circuit, Respondent. Missouri Court of Appeals Western District
“Something More” Does Not Apply To Employer
Plaintiff sued Employer for affirmative negligence in the workplace. Circuit Court denied Employer's motion to dismiss, finding that Plaintiff had plead the “something more” needed to lift Employer's immunity under Workers' Compensation Law to a civil action. Court of Appeals reverses because Employers' immunity is absolute and “something more” applies only to liability of co-workers and supervisors. Prohibition against Circuit Court exercising further jurisdiction, except to vacate its order and dismiss, made absolute.
State of Missouri, ex rel. Title Loan Company, Relator, v. The Honorable David Lee Vincent, III, Circuit Judge Division 9, Missouri Circuit Court, Twenty-First Judicial Circuit, County of St. Louis, Respondent. Missouri Court of Appeals Eastern District
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