Courts Bulletin - 6-Jan
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 When an agency seeks to discipline a licensee, and its pleading cites a statute in support of such relief, the agency must also allege and prove facts under that statute. [Director of Revenue vs. S & L Auto Sales], No. 05-0066 RL (Mo. AHC, November 16, 2005), Winn, C. Full Summary and Other Cases

Administrative/Constitutional Law Statutory action for damages includes right to jury. [Lance Scott, Appellant/Cross-Respondent v. Blue Springs Ford Sales, Inc., Respondent/Cross-Appellant and Robert C. Balderston, Respondent], No. SC86287 (Mo. banc, November 22, 2005), per curiam. Full Summary and Other Cases

Criminal Law Jury may consider acquitted conduct in sentencing phase of trial. [State of Missouri, Respondent v. Calvin Kevin Clark, Appellant], No. 84783 (Mo. App. E.D., December 6, 2005), Baker, P.J. Full Summary and Other Cases

Elder Law Effective January 1, 2006, Social Security benefits increase in the annual Cost of Living Adjustment (COLA). Full Summary and Other Cases

Environmental & Energy Law Missouri Land Reclamation Commission (MLRC) had jurisdiction to issue administrative penalties against a surface mining permittee after permit expiration. [State of Missouri, ex rel. Nixon, et al., Appellant, v. Alternate Fuels, Inc., Respondent], No. 65079 (Mo. App. W.D., November 8, 2005), Newton, J. Full Summary and Other Cases

Family Law Order of protection. [Patricia S. Barazi v. Michael J. Eckoldt, Respondent], No. 85510 (Mo. App. E.D., December 20, 2005), Cohen, J. Full Summary and Other Cases

Insurance Law Policy's provisions concerning completed operations coverage held ambiguous and therefore coverage held to be provided for claim against insured. [James Little and Carol Little, Plaintiffs-Respondents, v. American States Insurance Company, Defendant-Appellant, and Feed Commodity Center, D & M Materials, Inc., and Ervin Fisher, Defendants], No. 26522 (Mo. App. S.D., December 15, 2005), Garrison, P.J. Full Summary and Other Cases

Juvenile Law (1) Determination of whether termination is in the best interests of the children is an ultimate conclusion based upon the totality of the circumstances. (2) Termination is in the best interests of the children where mother's emotional ties are unhealthy and detrimental to the children, where there were no additional services that could be offered and mother did not request additional services, and where mother is disinterested and lacks commitment in the children and has failed by the time of trial to obtain stable housing and steady employment. [In the Interest of L.A.M.R., M.R.R., and D.J.M. M.D.R., Appellant v. Greene County Juvenile Office, Respondent], Nos. 26783 and SD26785 (Mo. App. S.D., December 15, 2005), Parrish, J. Full Summary and Other Cases

Labor Law The statute of limitations for a cause of action for unpaid wages under the Prevailing Wage Act,  290.210-290.340, is three years pursuant to  516.400, instead of 10 years as provided in  516.110. [State of Missouri, ex rel., James Griffin, Plaintiff/Appellant v. R.L. Persons Construction, In., et al.], No. 26562 (Mo. App. S.D., November 21, 2005), Barney, J. Full Summary and Other Cases

Local Government Police department's redaction of certain identifying information from incident reports did not violate Sunshine Law. [State of Missouri, ex rel. Jason Goodman, Appellant, v. St. Louis Board of Police Commissioners, Joann Freeman, Susan Rollins, Michael Quinn, Bartholomew Saracino, and Francis Slay, Respondents], No. 85650 (Mo. App. E.D., November 1, 2005), G. Gaertner, Sr. P.J. Full Summary and Other Cases

Property Law Deed of trust priority duly recorded remains a protected existing legal right which equity or laches will not destroy while the statute of limitations has not expired. [Don Littlefield and Vera Littlefield, Plaintiffs-Appellants v. James Matthew Edmonds and Beth Ann Edmonds, Defendants-Respondents]; No. 26836 (Mo. App. S.D., September 29, 2005), Rahmeyer, J. Full Summary and Other Cases

Missouri Taxation Law & Practice Deskbook Update Use Tax - Telephone company equipment purchases qualified for manufacturing exemption. [Southwestern Bell Telephone Company, Respondent v. Director of Revenue, Appellant], No. 86441 (Mo. banc, December 20, 2005), Russell, J. Full Summary and Other Cases

Tort Law Venue not determined by where party was served. [Allstate Insurance Company, Plaintiff-Respondent, v. Douglas T. Dejarnett, Defendant-Appellant], No. 85962 (Mo. App. E.D., November 8, 2005), Sullivan, J. Full Summary and Other Cases

Other Areas of Law Where juvenile was charged with murder, the circuit judge erred in sustaining the juvenile's motion to close the proceedings to the general public. [State of Missouri ex rel. St. Louis Post-Dispatch, LLC, Relator v. The Honorable John F. Garvey, Respondent], No. 86952 (Mo. banc, December 20, 2005, per curiam. Full Summary and Other Cases