Courts Bulletin - 3-Jul
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

Administrative/Constitutional Law When statute required hearing, without requiring procedural formalities, contested case requirements were met. [Michael A. McCoy and John A. Oaks, Appellants v. Caldwell County, Missouri and Caldwell County Sheriff Kirby L. Brelsford, Respondents], Nos. 61048 & 61049 (Mo. App. W.D. June 24, 2003), Hardwick, J. Full Summary and Other Cases

Corporations & Business Organizations Oral "promises" between fifty percent shareholders insufficient to support claims for payments beyond pro rata distributions pursuant to stock ownership in corporate dissolution. [Mabel S. McCormick v. Larry L. Cupp], No. 60509 (Mo. App. W.D., June 10, 2003), P.J. Lowenstein and J. J. Hardwick. Full Summary and Other Cases

Criminal Law [Ring v. Arizona] requires jury to make factual determinations on which eligibility for death sentence is predicated. [State v. Whitfield], No. 77067 (Mo. banc, June 17, 2003), Stith, J. Full Summary and Other Cases

Elder Law Adjustment of Minimum Monthly Maintenance Needs Allowance. Full Summary and Other Cases

Family Law Non-modifiable maintenance rarely appropriate. [In re: Marriage of Boston], No. 24915 (Mo. App. S.D., May 23, 2003), Garrison, J.} Full Summary and Other Cases

Insurance Law Class action lawsuit against insurer arising from use of non-original equipment. Manufacturer replacement parts limited to Missouri class members. [State ex rel. American Family Mutual Insurance Company, Relator v. The Honorable Thomas C. Clark and the Honorable Edith L. Missina, Respondents], No. 84610, (Mo. banc, May 13, 2003), Price, J.} Full Summary and Other Cases

Juvenile Law Where mother in termination of parental rights case is represented by a legal aid society, and the society has made a determination that mother is unable to pay costs, fees and expenses, and where the legal aid society has filed a certificate of inability to pay with the trial court, trial court is required to order preparation of certified copies of documents for legal file on appeal at no charge to mother. [State ex rel Wecker v. Ohmer], No. 82764 (Mo. App. E.D. June 10, 2003), Hoff, J. Full Summary and Other Cases

Local Government United Missouri Bank, N.A. ("UMB") appealed the summary judgment entered by the trial court in favor of the City of Grandview in UMB's negligence action and sought judicial review from the Missouri Court of Appeals, Western District, Missouri, which reversed the trial court's decision. [United Missouri Bank, N.A., Conservator of the Estate of Dennis Gallagher v. City of Grandview], No. 61111, (Mo. App., W.D., May 30, 2003), Breckenridge, J. Full Summary and Other Cases

Probate & Trust A personal representative is not deemed to be "incapable or unsuitable" to administer an estate within the meaning of Section 473.140 for declining to inventory jointly held non-probate assets to satisfy a tort claim. [Cook v. Barnard], No. 61122 (Mo. App. W.D. April 8, 2003), Lowenstein, J. Full Summary and Other Cases

Public Service Commission Relators are industrial utility customers who contended that Section 536.083 RSMo disqualifies an administrative law judge of the Public Service Commission from presiding over a case remanded to the commission by the circuit court if that judge had presided over the original hearing. [State of Missouri ex rel. AG Processing Inc., et al. v. Thompson, Appellant], No. 61514, (Mo. App. W.D., April 1, 2003), Ulrich, J. Full Summary and Other Cases

Missouri Taxation Law & Practice Deskbook Update Sales tax - fees paid for bowling shoe rental in bowling center subject to sales tax ( 9.42, 9.43), [Eighty Hundred Clayton Corporation d/b/a Tropicana Lanes v. Director of Revenue], No. 84956 (Mo. banc, July 1, 2003), Wolff, J. Full Summary and Other Cases

Tort Law Sovereign immunity does not protect city from dangerous condition of intersection even if dangerous condition resulted from zoning. [United Missouri Bank v. City of Grandview], No. 61111, (Mo. App. WD, May 30, 2003), Breckenridge, J. Full Summary and Other Cases

Workers´ Compensation Does an employer/insurer have a subrogation interest in a legal malpractice claim arising out of a third party case? [ATS Inc. and Liberty Mutual Insurance Company v. Kenneth Listenberger], No. 81955 (Mo. App. E.D., June 3, 2003), Hoff, J. Full Summary and Other Cases