Courts Bulletin - 5-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 Hearing Commission For Medicaid ratemaking, the definition of "replacement beds" is in the Medicaid regulations made by the Medicaid agency for setting Medicaid rates, not in other regulations made by other agencies for other purposes. [Senior Citizens Nursing Home District of Ray County, d/b/a Shirkey Leisure Acres vs. Department of Social Services, Division of Medical Services], No. 03-2256 SP (Mo. Admin. Hearing Comm'n, Apr. 11, 2005), Doughty, C. Full Summary and Other Cases

Administrative/Constitutional Law One-subject rule not violated when legislation that related to emergency services also limited tax increment financing. [City of St. Charles, Missouri, a Constitutional Charter City, Respondent v. State of Missouri, et al., Appellants], No. 86335 (Mo. banc, June 14, 2005), Limbaugh, Jr., J. Full Summary and Other Cases

Civil Practice & Procedure Judgment entered at request of parties not subject to appeal. [Lori Ann Strawhun, Respondent, v. Jeffrey Harlan Strawhun, Appellant], No. 26266 (Mo. App. S.D., June 10, 2005), Parrish, P.J. Full Summary and Other Cases

Criminal Law Disjunctive submission in case of accessory liability is not plain error. [State of Missouri, Respondent v. Donald L. Biggs, Sr., Appellant], No. 63312 (Mo. App., W.D., June 21, 2005), Ulrich, P.J. Full Summary and Other Cases

Environmental & Energy Law St. Louis County solid waste ordinance held invalid. [F.W. Disposal South, LLC, Respondent v. St. Louis County, Appellant], No. 84765, (Mo. App. E.D., May 24, 2005), Norton, J. Full Summary and Other Cases

Family Law Vague judgment regarding post-secondary expenses. [Amy E. Henbest, Petitioner/Respondent v. Clifford Neal Henbest, Respondent/Appellant], No. 26229 (Mo. App. S.D., June 7, 2005), Garrison, P.J. Full Summary and Other Cases

Insurance Law Insured held not entitled to prosecute vexatious refusal claim against insurer where underlying policy claim was paid. [Kristen Dhyne, Respondent v. State Farm Fire and Casualty Company, Appellant], No. 63831 (Mo. App. W.D., June 14, 2005), Smith, C.J. Full Summary and Other Cases

Juvenile Law (1) Where a motion for rehearing is not ruled on within forty-five days after the motion is filed, it is overruled for all purposes. (2) A judgment becomes final at the earlier of either: (a) ninety days from the date the last timely motion was filed; or, (b) the date of ruling of the last motion or thirty days after entry of judgment, whichever is later. (3) Because the motions for rehearing were overruled for all purposes on July 31, 2004 based upon the forty-five day rule, finality occurred on that day and notice of appeal not filed until September 17, 2004, is dismissed for lack of jurisdiction. [In the Interest of: N.A.B. and N.J.B., M.F.L. and D.C.L. (Adoptive Parents), and Juvenile Officer, Respondents, v. N.H. (Natural Father), Appellant], No. 64591 (Mo. App. W.D., June 14, 2005), Howard, J. Full Summary and Other Cases

Property Law Missouri legislature does not mandate counties pay for a legal description of all public roads. [Robert M. Wyper and Marian R. Wyper, Plaintiffs-Appellants v. Camden County, et al., Defendants-Respondents]; No. 26294 (Mo. App. S.D., April 29, 2005), Rahmeyer, J. Full Summary and Other Cases

Missouri Taxation Law & Practice Deskbook Local Use Tax - Missouri Supreme Court upholds constitutionality of local use tax. [Kirkwood Glass Co., Inc., Appellant, v. Director of Revenue, Respondent], No. 86347 (Mo. banc, June 21, 2005), Stith, J. Full Summary and Other Cases