Courts Bulletin - 6-Mar
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 Administrative Hearing Commission must apply regulation defining statutory term as written and cannot declare it invalid. Kenneth M. Kovarik v. Missouri Veterinary Medical Board, No. 05-0880 VM (Mo. AHC, December 19, 2005), Winn, C. Full Summary and Other Cases

Administrative/Constitutional Law Missouri Constitution and statutes give circuit court no authority to issue writ to agency. State of Missouri ex rel. Amega Sales, Inc., Respondent v. Missouri Public Service Commission and Director of The Manufactured Housing and Modular Units Program of the Public Service Commission, Appellants, No. 64880 (Mo. App. W.D., January 17, 2006), Smith, C.J. Full Summary and Other Cases

Criminal Law Driving privileges restored where driver did not leave the scene of an “accident.” Nicholas B. Reed, Respondent v. Director of Revenue, Appellant, No. 87082 (Mo. banc, February 14, 2006), Teitelman, J. Full Summary and Other Cases

Employee Benefits Trial court should have defined the meaning of “expectancy,” as used in an antenuptial agreement, to include appreciation in the value of qualified retirement plan and exclude the increased value in such plan from marital property; trial court, therefore, did not properly divide marital property. Rosanne Thomas, Respondent v. Tom K. Thomas, Appellant, No. 64772 (Mo. App. W.D., December 27, 2005), Newton, J. Full Summary and Other Cases

Family Law Criminal non-support. State ex rel. Michael Sanders, Prosecuting Attorney of Jackson County, Relator v. The Honorable Margaret L. Sauer, Respondent, No. 86955 (Mo. banc, January 31, 2006), Limbaugh, J. Full Summary and Other Cases

Insurance Law Insured held entitled to recover vexatious refusal penalties against insurer even though underlying policy claim was paid. Kristen Dhyne, Respondent v. State Farm Fire and Casualty Company, Appellant, No. 87032 (Mo. banc, January 31, 2006), Teitelman, J. Full Summary and Other Cases

Juvenile Law (1) Judgment denying count I for transfer of custody is final for purposes of appeal because a denial of count I is, in effect, also a denial of count II for finalization of the adoption. (2) Where there are two competing adoption petitions, appeal from the denial of transfer of custody in one case is not moot where the adoption in the competing petition has not yet been finalized. (3) There is no right to consolidation of competing petitions for adoption. Consolidation is within the discretion of the trial court. In the Interest of T.L.F. Wanda Marcella Fewell, Appellant v. Greene County Juvenile Office, Respondent, No. 26829 (Mo. App. S.D., March 1, 2006), Parrish, J. Full Summary and Other Cases

Labor Law - Federal The United States Supreme Court holds use of the term “boy,” absent any reference to race, may be evidence of discrimination. Ash v. Tyson Foods Inc., No. 05-379 (United States Supreme Court, February 21, 2006) per curiam. Full Summary and Other Cases

Local Government Ordinance not required to revoke a real estate contract offer authorized by ordinance. Client Services, Inc., Appellant v. The City of St. Charles, Respondent, No. 85579 (Mo. App. E.D., January 24, 2006), Norton, C.J. Full Summary and Other Cases

Medical Malpractice In litigation against clinic, an employer of numerous physicians, the continuing care exception to the statute of limitation applies even though care was rendered by two different physicians. Alfred C. Cole and Janis E. Cole, Plaintiffs/Respondents v. Ferrell-Duncan Clinic, Defendants/Appellants, No. 26731 (Mo. App. S.D., January 31, 2006), Shrum, P.J. Full Summary and Other Cases

Property Law Subsidence of one's land is necessary to state a cause of action for withdrawal of lateral support of land. Dean A. Lusardi, M.D. and Donna Lusardi, Plaintiffs/Respondents v. Kensington Building Corporation, Defendant/Appellant, No. 85063 (Mo. App. E.D., November 29, 2005), Hoff, P.J. Full Summary and Other Cases