Courts Bulletin - 4-Oct
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 Hearing Commission No interest on sales tax refund. [Hallmark Cards, Inc., v. Director of Revenue], No. 03 2324 RS (August 31, 2004) Winn, C. Full Summary and Other Cases

Administrative/Constitutional Law An agency may validly interpret and apply statutes in a contested case without a rulemaking. [HTH Companies, Inc. v. Missouri Dept. of Labor and Industrial Relations], No. 84234, (Mo. App. E.D., Sept. 21, 2004), Sullivan, J. Full Summary and Other Cases

Criminal Law "Seventeen years of age or under" includes the year after the victim's seventeenth birthday. [Branson v. State], No. 25869 (Mo. App. S.D., August 30, 2004), Raymeyer, J. Full Summary and Other Cases

Elder Law The plain meaning of 13 C.S.R.  40-2.030(2) does not include a second home on rural property, but only an amount of adjoining land. [Thurlow Collins v. Dept. of Social Services, Family Support Division], No. 26111 (Mo. App. S.D., August 30, 2004), Garrison, P.J. Full Summary and Other Cases

Insurance Law Cancellation notice from insurer held invalid for failure to strictly comply with policy provisions. [Lee Kraft Stickler and Terry Stickler, Respondents v. Foremost Signature Insurance Co., Appellant], No. 25627 (Mo. App. S.D., August 24, 2004), Parrish, P.J. Full Summary and Other Cases

Juvenile Law (1) Trial court did not abuse its discretion in denying a motion for continuance made on the day of trial when the motion did not comply with Rule 65.03. (2) Trial court commits error in allowing mother's court-appointed attorney to withdraw on the day of trial on a termination of parental rights petition based upon an oral motion, with no previous written motion and no notice to mother where the attorney did not assert that mother had missed any scheduled appointments or had not responded to multiple efforts by attorney to contact mother, and where a DFS worker had contact with mother two days prior to the hearing. [In Interest of P.D.], No. 84182 (Mo. App. E.D., September 28, 2004), per curiam. Full Summary and Other Cases

Local Government Objection to city's failure to endorse witnesses against DWI defendant was properly overruled where defendant's counsel admitted no actual surprise. [City of Clarkton v. Kevin L. Manes], No. 25629 (Mo. App. S.D., August 3, 2004), Prewitt, J. Full Summary and Other Cases

Tort Law Statute prohibits city from maintaining nuisance action against manufacturers and distributors of firearms. [City of St. Louis v. Cernicek], No. 83830 (Mo. App. E.D., July 27, 2004), Per curiam. Full Summary and Other Cases

Workers´ Compensation Can inaction by an employer be seen as "affirmative negligence" to avoid the exclusive jurisdiction of workers' compensation? [Groh v. Terry Kohler], No. 63450 (Mo. App. W.D., August 10, 2004), Ulrich, P.J. Full Summary and Other Cases