Courts Bulletin - 6-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 Licensing agency sent “proper notice” of deposition to licensee when it sent the notice of deposition to the most recent address on file with the licensing agency. Director of the Department of Public Safety v. Richard D. Cullen, No. 05-1550 PO (July 25, 2006), Jarrett, C. Full Summary and Other Cases

Administrative/Constitutional Law Agency's position in a contested case may be substantially justified even when it does not prevail. Dennis Seidner, Appointing Authority, Missouri Department Of Social Services, Division Of Youth Services, Appellant, v. Gary Webster, Respondent, No. 65375 (Mo. App. W.D., September 19, 2006), Smith, C.J. Full Summary and Other Cases

Civil Practice & Procedure Lack of a proper signature by the lawyer on a petition not fatal if corrected promptly. James Hensel and Lori Hensel, Appellants v. American Air Network, Inc., et al., Respondents, No. 87206 (Mo. App. S.C., April 25, 2006), per curiam. Full Summary and Other Cases

Commercial Law Is unauthorized depositary institution liable to county for public funds that were misappropriated by the county treasurer? Christian County, Missouri, Respondent v. Edward D. Jones and Company, L.P., Appellant, No. 87392 (Mo. banc, August 8, 2006), per curiam Full Summary and Other Cases

Criminal Law “Megan's Law” does not apply to offenses committed prior to enactment; otherwise it is constitutional. Jane Doe I, et al., Appellants, v. Thomas Phillips, et al., Respondents, No. 86573 (Mo. banc, June 30, 2006), Stith, J. Full Summary and Other Cases

Employee Benefits Enabling statutes and the ordinances of the City of St. Louis mandate that the city budget and appropriate a contribution to the Firemen's Retirement System/Police Retirement System in the amount certified by the actuary as necessary for the retirement plan(s) to remain actuarially sound. Firemen's Retirement System of St. Louis v. City of St. Louis, No. 86919 (Mo. App. E.D., August 22, 2006), per curiam and Thomas J. Neske, et al. v. City of St. Louis, et al., No. 86919 (Mo. App. E.D., August 22, 2006), per curiam. Full Summary and Other Cases

Insurance Law Employer who paid workers compensation benefits to employee held not entitled to intervene as a matter of right in employee's personal injury action. Michael Kinney, Respondent, v. Schneider National Carriers, Inc., et al., Defendants, Service Vending Company, Inc., Appellant, No. 66261 (Mo. App. W.D., September 12, 2006), Ellis, J. Full Summary and Other Cases

Juvenile Law (1) The conduct of a parent after the filing of a TPR petition cannot constitute the sole consideration of the court's decision. (2) Short-term improvements in the circumstances of a parent occurring after the filing of the TPR petition are not compelling. (3) TPR for abandonment is affirmed where mother had only two supervised visits, made sporadic telephone calls, sent no cards or presents and made only one child support payment. Mother owed $1,500.00 per child in child support and the children had been in care for over 28 months at the time of termination. In the Interest of: I.Q.S. & B.A.L.; Plaintiffs, Juvenile Officer, Missouri Children's Division, Respondents, v. E.L.L. (Mother); Appellant, S.Q.S. (Father), and M.P. (Father), Defendants, Nos. 66571 and 66572 (Mo. App. W.D., September 12, 2006), Ulrich, J. Full Summary and Other Cases

Local Government If the county administrator has the sole discretion whether to terminate employment of a county employee, is the matter considered contested or uncontested for purposes of Missouri Administrative Procedure Act (MAPA)? Richard Wooldridge, Plaintiff/Appellant v. Greene County, Missouri, Defendant/Respondent, No. 27217 (Mo. App. S.D., August 23, 2006), Bates, C.J. Full Summary and Other Cases

Medical Malpractice Being a victim of incorrect information does not allow a patient to benefit from the tolling provision of § 516.105(2). Lonnie Davidson and Margaret Davidson, Plaintiffs/Appellants v. Oscar Lazcano and WCP Pathology, Inc., d/b/a WCP Pathology, P.C. and Surgical Pathology, Defendants/Respondents, No. 86427 (Mo. App. E.D., August 1, 2006), Mooney, J. Full Summary and Other Cases

Property Law Missouri law allows condominium unit owners to include lot owners for association membership with responsibility for repairs and maintenance. Lyle Reed, et al., Plaintiffs/Appellants v. The Sunset Cove Condominium Owners Association, Respondent, No. 27110 (Mo. App. S.D., July 31, 2006), Parrish, J. Full Summary and Other Cases

Public Service Commission The “Order of Rulemaking” issued by the Public Service Commission was lawful, reasonable, and supported by substantial evidence. State ex rel. Southwestern Bell Telephone, L.P., d/b/a SBC Missouri, Relator, v. The Missouri Public Service Commission, Respondent, No. 05AC-CC00732, (Circuit Court of Cole County, September 19, 2006), Brown, J. Full Summary and Other Cases

Taxation Law (Missouri Taxation Law & Practice Deskbook Update) Income tax — Late election to file a Missouri consolidated return permitted. Kidde America, Inc., and subsidiaries, Appellants, v. Director of Revenue, Respondent, No. 87192 (Mo. banc, June 30, 2006), Limbaugh, Jr., J. Full Summary and Other Cases

Tort Law A tortfeasor can sue a third party for contractual indemnity, even though the injured party's underlying lawsuit fails to allege that the third party was at fault. Lone Star Industries, Inc., Plaintiff/Appellant v. Howell Trucking, Inc., Defendant/Respondent, No. 86740 (Mo. App. E.D., August 29, 2006), Mooney, J. Full Summary and Other Cases

Workers' Compensation Is evidence of privity of contract required for a finding of statutory employment? David Martinez, Claimant-Appellant, v. Nationwide Paper, Employer-Respondent, and International Paper Company, Insurer-Respondent, No. 27202 (Mo. App. S.D., August 14, 2006), Bates, C.J. Full Summary and Other Cases