Courts Bulletin - 5-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 Liquor license applicant failed to show good moral character. [Travis E. McDonald, d/b/a Julie Macs v. Supervisor of Liquor Control], No. 05-0322 LC (Mo. AHC, June 27, 2005), Kopp, C. Full Summary and Other Cases

Administrative/Constitutional Law Ambiguous ordinance is read against rule of lenity. [City of Kansas City, Respondent v. McArthur Tyson, Appellant], No. 64326 (Mo.App. W.D., September 6, 2005), Spinden, J. Full Summary and Other Cases

Commercial Law Election of remedies doctrine does not apply where plaintiff suffered two separate wrongs, default on a note by one defendant and negligent acceptance of a forged draft by another defendant. [Conrad Stromberg, et al., Respondents/Cross-Appellants v. Kevin J. Moore, et al., Cross/Respondent, and State Bank of Jefferson County, Appellant and UMB Bank, N.A., and American Family Insurance Company, Respondent], No. 83912 (Mo.App. E.D., June 28, 2005), Dowd, J. Full Summary and Other Cases

Criminal Law No probable cause to search vehicle; post-Miranda questioning was tainted by pre-Miranda interrogation. [State of Missouri, Appellant, v. Jeremy Wilson, Respondent], No. 64333 (Mo.App. W.D., August 30, 2005), Breckenridge, J. Full Summary and Other Cases

Elder Law An agent signing a nursing home admission/financial agreement as the responsible party for the resident can be found to be personally responsible for resident's account at the nursing home if the financial agreement is clear and unambiguous. [Care Center of Kansas City, Appellant, v. Willye Horton, Respondent Pro Se], No. 64613 (Mo.App. W.D., September 20, 2005), Hardwick, J. Full Summary and Other Cases

Family Law Provision of separation agreement for award of fees for enforcement. [Sherri Morgan, Appellant, v. Kevin L. McBee, Respondent], No. 64297 (Mo.App. W.D., August 30, 2005), Spinden, J. Full Summary and Other Cases

Insurance Law Liability limits of garage coverage form held not ambiguous. [Haulers Insurance Company, Inc., Plaintiff-Respondent, v. Rodger P. Wyatt, Sr. and Jerry Wyatt, d/b/a Wyatt's Auto Sales, Rodger P. Wyatt, Jr., and Christopher Meyer, Defendants, and Rhonda Meyer, Defendant-Appellant], No. 25868 (Mo.App. S.D., September 2, 2005), Garrison, P.J. Full Summary and Other Cases

Juvenile Law (1) Where the juvenile officer fails to prove each element of the crime of child endangerment in the second degree, judgment assuming jurisdiction for delinquency is reversed. (2) Juvenile officer failed to prove that accused knew that victim was under seventeen years of age. [In the Interest of V.F.S., Appellant v. State of Missouri, Respondent], No. 26387 (Mo.App. S.D., September 27, 2005), Shrum, J.} Full Summary and Other Cases

Local Government Public employer can be held liable under respondeat superior for a police officer's negligent motor vehicle operation, even though the officer protected by official immunity. Transferred to the Missouri Supreme Court. Lee Davis, Respondent, v. Lambert-St Louis International Airport and William Powell, Appellants, No. 85007 (Mo.App. E.D., September 20, 2005), Norton, J. Full Summary and Other Cases

Property Law Failure to appeal breach of contract finding determinative of remaining counts which were appealed. [Jody R. Hines and Vern U. Hines, Jr., Plaintiffs-Appellants, v. William E. Smith and Jessie L. Smith, Defendants-Respondents, and Old Kinderhook Development Co., LLC., Plaintiff-Respondent, v. William E. Smith and Jessie L. Smith, Defendants-Respondents, and Jody R. Hines, Defendant-Appellant]; No. 26451 (Mo.App. S.D., July 29, 2005), Rahmeyer, J. Full Summary and Other Cases