Business

Customer Contacts Not Trade Secrets
Missouri Uniform Trade Secrets Act allows damages for misappropriation of trade secrets, which it defines.  Definition does not include the “Client Database” and “Client Lists” on which petition is based.  “While these ‘customer contacts’ are protectable [by non-compete agreement], they are not protectable under a theory of confidential relationship or trade secret.”  Petition alleged no conduct by defendant that constituted misappropriation.  Summary judgment against claims under Act, and on claims for interference with business relations and civil conspiracy, affirmed.  “[E]vidence . . . known to [appellant] over a year prior to trial cannot [be] newly discovered since the entry of the judgment” on a motion for new trial. 
CENTRAL TRUST AND INVESTMENT COMPANY, Plaintiff-Appellant vs. TROY KENNEDY, ITI FINANCIAL MANAGEMENT, LLC, Defendants, and SIGNALPOINT ASSET MANAGEMENT, LLC, Defendant-Respondent
Missouri Court of Appeals, Southern District - SD31658

Civil

Deposition Cost Denied
On learning of person with knowledge undisclosed by defendant, motion for mistrial does not preserve issue on re-opening the record.  Ruling that excludes evidence, without an offer of proof, preserves nothing for review.  Exception for proof that is already known does not apply.  Circuit court need not make a finding on manifest injustice to deny fee of deposition of expert witness named late and not offered at trial. 
DENISE CALZARETTA, Appellant/Cross-Respondent vs. CHRISTIAN R.D. WILLARD, D.D.S., Respondent/Cross-Appellant
Missouri Court of Appeals, Southern District - SD31499 and SD31516

Contract

Late Payment Frees Guarantor
Contract provided for monthly payments with defendants’ personal guaranty, but “[a] material alteration in, or departure from the contract of guaranty without the guarantor’s consent will discharge him.”  A material alteration occurred when allowed late payments, even though contract included finance charges on late payments, because guaranty applied only to amount originally contemplated.
BUCHHEIT, INC., Plaintiff-Appellant vs. TILLER-COHEN FARM, L.P., PETER GAUL, and JOSEPH PALMER, Defendants-Respondents
Missouri Court of Appeals, Southern District - SD32003

Evidence

Uncharged Crimes Admissible
Evidence of defendant’s previous sexual contact with victim was admissible to show that charged sexual contact was not an accident, and was not prejudicial, because it was cumulative.
STATE OF MISSOURI, Plaintiff-Respondent vs. DELBERT F. GLOVER, Defendant-Appellant
Missouri Court of Appeals, Southern District - SD31776

Family

Denial of Relocation Affirmed
Statute on relocation bars untimely protest only on strict compliance with notice requirement.  Rule sets minimum time before hearing, but lesser time is possible depending on facts, including waiver of objection and start of school year.  Upon protest, custodial parent must show that relocation is in good faith and in child’s best interest, the latter of which depends on statutory factors. 
Sidney Danielle Allen By Her Next Friend Cap Duke Allen, Individually vs. Geena Gatewood
(Overview Summary)
Missouri Court of Appeals, Western District - WD74799

Only Final Judgment Starts Maintenance
Earlier order authorized maintenance, but was not a final judgment, so it could not constitute start date for maintenance.  Statute governing maintenance “only authorizes a prospective maintenance award.”  Therefore, final judgment could start maintenance only on the date of its own issuance, not on date of earlier order. 
In re the Marriage of: DEWEY NARDINI, JR. and MARIAN B. NARDINI. DEWEY NARDINI, JR., Petitioner-Appellant vs. MARIAN B. NARDINI, Respondent-Respondent
Missouri Court of Appeals, Southern District - SD31736

Mental Health

Jury Weighs Evidence of Risk
Expert opinion on risk of respondent re-offending constituted clear and convincing evidence supporting jury’s verdict that appellant is a sexually violent predator.  Once circuit court has ruled in favor of admissibility of evidence, it may be relied upon for purposes of determining the submissibility of the case.  Jury was entitled to reject rival testimony on risk of respondent re-offending. 
In the Matter of the care and Treatment of DEAN MORGAN, a/k/a DEAN D. MORGAN, a/k/a DEAN DELINO MORGAN, Respondent-Appellant
Missouri Court of Appeals, Southern District - SD31761

Post-Conviction

Post-Conviction Counsel’s Duties Addressed
Circuit court has jurisdiction to rule on a matter even when facts do not support relief.  “It is not the result that determines jurisdiction, but the right of the motion court to consider the matter.”  Presumption of abandonment may arise if record is silent on whether post-conviction counsel fulfilled duties to confer with movant, learn grounds for relief in initial motion and amended motion, and file amended motion if additional grounds appear.
Mitchell A. Jensen vs. State of Missouri
(Overview Summary)
Missouri Court of Appeals, Western District - WD74585

Real Estate

Adverse Possession Not Shown
Elements of adverse possession include actual possession.  “Actual possession” requires evidence from a claimant “showing the present ability to control the land and [the] intent to exclude others from control.” Plaintiff’s motion for summary judgment included an affidavit stating that no person possessed disputed land.  That allegation failed to establish exclusive possession directly or by inference so court of appeals reverses circuit court’s summary judgment for plaintiff. 
DAVID H. FANDEL and DAWN C. FANDEL, as Trustees of the D&D Foundation Trust dated October 2, 2000, Respondents vs. THE EMPIRE DISTRICT ELECTRIC COMPANY, Appellant
Missouri Court of Appeals, Southern District - SD31966

Tax

Tourism Tax Discussed
Point not raised in circuit court, and not in compliance with appellate rule, preserves nothing for review, and alternate grounds support judgment.  Petition must “identify the facts upon which the plaintiff’s claim rests” and claim was for taxes levied on hotel operator.  Hotel operators “provide sleeping rooms” and city did not allege that defendants did so.  Defendants merely brokered reservations online “and the money [defendants] retain as compensation is for facilitating a reservation, not providing a room.”  Petition did not state a claim and dismissal is affirmed. 
CITY OF BRANSON, Appellant vs. HOTELS.COM, LP; HOTWIRE, INC.; TRIP NETWORK, INC. (d/b/a CHEAP TICKETS.COM); TRAVELPORT, INC. (f/k/a CENDANT TRAVEL DISTRIBUTION SERVICES GROUP, INC.); EXPEDIA, INC.; INTERNETWORK PUBLISHING CORP. (d/b/a LODGING.COM); LOWESTFARE.COM, INCORPORATED; MAUPIN-TOUR HOLDING, LLC; ORBITZ, LLC; PRICELINE.COM INCORPORATED; SITE59.COM, LLC; TRAVELOCITY.COM, LP; TRAVELWEB LLC; TRAVELNOW.COM, INC.; TRAVELZOO, INC.; and INTERACTIVE HOTEL SOLUTIONS, INC., Respondents
Missouri Court of Appeals, Southern District - SD31854

Workers' Compensation

Second Injury Fund Insolvency Case Transferred
Decision on writ of mandamus is subject to review for abuse of discretion, which is always present on a misinterpretation of law.  To collect money judgment from the State the remedy is mandamus.  Mandamus is a discretionary writ applicable to ministerial duty like Second Injury Fund’s duty to pay.  Mandamus can compel payment, first come first served, if debtor entity has money to pay claims and a source to replenish itself, but Fund does not because General Assembly capped its surcharge.  Constitution and rule support transfer to Missouri Supreme Court.
Raymond Skirvin vs. Treasurer State of Missouri, et al
(Overview Summary)
Missouri Court of Appeals, Western District - WD75541