Courts Bulletin - 6-May
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 Agency cannot create causes for discipline without statutory authority. Office of Tattooing, Body Piercing & Branding vs. Tracey Page, d/b/a Black Pearl Tattooing and Body Piercing, No. 05-0419 XX (Mo. AHC, March 15, 2006), Kopp, C. Full Summary and Other Cases

Administrative/Constitutional Law Standing to challenge agency decision discussed. Columbia Sussex Corporation, Wimar Tahoe Corporation, William J. Yung and Fred Dehner, Appellants, v. Missouri Gaming Commission, Casino One Corporation, and City of St. Louis, Respondents No. 65467 (Mo. App. W.D., April 25, 2006), Ellis J. Full Summary and Other Cases

Criminal Law An unsigned docket entry discharging defendant from probation was a valid order terminating the trial court's jurisdiction over the cause. Vernon Norfolk, Appellant v. State of Missouri, Respondent, No. 64831 (Mo. App., W.D., April 4, 2006), Hardwick, J. Full Summary and Other Cases

Family Law Civil procedure issues concerning motion to amend and amended judgment entries. In re the Marriage of Marvin Ayers Singleton and Anita Beth Singleton. Marvin Ayers Singleton, Petitioner/Appellant and Anita Beth Singleton, Respondent, No. 26989 (Mo. App. S.D., April 11, 2006), Lynch, J. Full Summary and Other Cases

Health & Hospital Law Supreme Court distinguishes between “detained” and “committed” in mental health facility. David Nelson, Appellant v. Dennis Crane, Callaway County Sheriff, Respondent, No. 87205 (Mo. banc, April 11, 2006), Teitelman, J. Full Summary and Other Cases

Insurance Law Uninsured motorist insurer of driver not entitled to subrogation rights against passenger's uninsured motorist insurer. Andrew D. Waldrop, Appellant v. Shelter Mutual Insurance Company, Respondent, No. 65518 (Mo. App. W.D., April 18, 2006), Lowenstein, J. Full Summary and Other Cases

Local Government City's denial of preliminary plat, with knowledge that plat met all local land use requirements, was “truly irrational” and supported a finding of liability under 42 U.S.C. §1983. Furlong Companies, Inc., Respondent v. City of Kansas City, Missouri, Appellant, No. 86741 (Mo. banc, March 21, 2006), Price, Jr., J.). Full Summary and Other Cases

Property Law Specific language of contract enforced to deny broker a commission for broker's failure to comply. Gattermeir-Elliott Real Estate Company, L.L.C., Plaintiff/Appellant v. K.H., Inc., JWB Land Company, L.L.C., BWJ Properties, L.L.C. and John Belt, Defendants/Respondents, No. 26874 (Mo. App. S.D., February 22, 2006), Rahmeyer, J. Full Summary and Other Cases

Missouri Taxation Law & Practice Deskbook Update Sales tax — Common carrier exemption not available because taxpayer operated more like a contract carrier. Cook Tractor Company, Inc., Appellant v. Director of Revenue, Respondent, No. 87142 (Mo. banc, April 11, 2006), Russell, J. Full Summary and Other Cases