Courts Bulletin - 3-Nov
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 Contested/noncontested cases distinguished. [William Herron, Appellant v. Gary Kempker and George Lombardi, Respondents], No. 62328 (Mo. App. W.D., November 4, 2003), Spinden, P.J. Full Summary and Other Cases

Criminal Law Custody is not required to pursue 29.15 action where fine only appeal is taken. [Dougan v. State], No. 85274, (Mo. banc, November 4, 2003), Teitelman, J. Full Summary and Other Cases

Employee Benefits Dissent finds that majority opinion failed to follow intent of prior mandate and opinion that trial court on remand was to make equitable division of husband's pension benefit in spite of the fact the prior mandate was to decide how much of a retirement benefit husband would have been entitled to on the basis of immediate retirement rather than on a disability basis, and the trial court found that husband was not entitled to any current benefit and thus husband's entire pension was nonmarital property. [Cranor v. Cranor], No. 25338 (Mo. App. S.D., September 30, 2003), Parrish, J; Shrum, J. concurs; and Rahmeyer, C.J. dissents. Full Summary and Other Cases

Family Law Uniform Child Custody Jurisdiction Act/Parental Kidnapping Prevention Act. [Russell v. Ruth], No. 25457 (Mo. App. S.D., September 29, 2003), Shrum, J. Full Summary and Other Cases

Insurance Law Uninsured Motorist Insurer Held Not Liable For Prejudgment Interest. [James McKinney, et al., Respondents v. State Farm Mutual Automobile Insurance Company, Appellant], No. 61948 (Mo. App. W.D., October 28, 2003), Ulrich, J. Full Summary and Other Cases

Juvenile Law (1) Appeals under Chapter 211 are allowed as provided by statute. Rule 120.01(a). (2) An appeal shall be allowed to the child from any final judgment, order or decree and may be taken on the part of the child by parents, guardians, legal custodians, spouse, relative or next friend. (3) A grandparent is a relative and thereby authorized to appeal on behalf of the child. (4) Section 211.261 does not permit grandfather to appeal on his own behalf. [In Interest of N.D.], No. 25171 (Mo. App. S.D., October 9, 2003). Full Summary and Other Cases

Local Government [State of Missouri ex rel. Missouri State Highway Patrol v. Honorable Charles E. Atwell, Judge of the Circuit Court of Jackson County, Missouri], No. 81421 (Mo. App. W.D., October 28, 2003), Holliger, J.} Full Summary and Other Cases

Medical Malpractice The summary printed in the October Courts Bulletin regarding [Brookshire v. Retz, Snyder Construction Company, Intervenor], No. 25589, (Mo. App. S.D., August 19, 2003) was in error. Please substitute the following summary in its place: Plaintiff could not appeal trial court's order allowing employer and workers' compensation insurance carrier to intervene in plaintiff's medical malpractice case because the order was not a final judgment pursuant to Supreme Court Rule 74.01 (b). Full Summary and Other Cases

Patent & Trademark Law and Unfair Competition Insurance coverage for architectural copyright infringement. [Kirk King, King Construction, Inc., and American Family Mutual Insurance Co. v. Continental Western Insurance Company], No. 61555, (Mo. App. W.D., October 28, 2003), Lowenstein, J. Full Summary and Other Cases

Property Law Mechanic's lien and arbitration. [Dunn Industrial Group, et. al. v. City of Sugar Creek, et. al.], No 85024 (Mo. banc, August 26, 2003), Per Curiam. Full Summary and Other Cases

Tort Law Prejudgment interest cannot be awarded on uninsured motorist claim. [McKinney v. State Farm], No. 61948, (Mo. App. W.D., October 28, 2003), Ulrich, J. Full Summary and Other Cases

Workers´ Compensation An amended claim for compensation that sought to add the Second Injury Fund was not timely filed; the Western District refuses to follow the Eastern District decision of Kincade. [Lana Elrod v SIF], Nos. 61755 and 61771 (Mo. App. W.D., August 26, 2003), Breckenridge, J. Full Summary and Other Cases