Courts Bulletin - 6-Sep
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 Facts stipulated in settlement agreement did not show cause for discipline. Colleen Mulloy Retz, DVM vs. Missouri Veterinary Medical Board, No. 06-0763 VM (AHC, June 5, 2006), Doughty, C. Full Summary and Other Cases

Administrative/Constitutional Law When parties' inaction caused funds to default to circuit clerk, no state action triggers any constitutional protection, and was not a taking. Grinnell Mutual Reinsurance Company, Respondent, v. Cathy S. Walters, et al., Defendants, John Best, Tammy Best, and Trenton Best, a minor, Appellants, No. 87199 (Mo. banc, June 30, 2006), per curiam. Full Summary and Other Cases

Criminal Law Evidence that defendant acted in concert with same companions in later, unrelated offenses not admissible under “identity exception” to prohibition against evidence of other crimes. State of Missouri, Plaintiff/Respondent, v. Matthew Holleran, Defendant/Appellant, No. 86074 (Mo. App. E.D., August 1, 2006), Crane, P. J. Full Summary and Other Cases

Family Law Bankruptcy dischargeability of monetary judgment: division of property or support is distinction. Alticor, Inc., and Quixtar, Inc., Plaintiffs, v. Harold W. Grissum, Defendant-Appellant, and Joyce C. Soldi, Defendant-Respondent, No. 27063 (Mo. App. S.D., July 28, 2006), Shrum, P.J. Full Summary and Other Cases

Insurance Law Family exclusion in auto policy held ambiguous. Robert C. Versaw and Myrtle I. Versaw, Respondents v. American Family Mutual Insurance Company, Appellant, No. 27158 (Mo. App. S.D., August 3, 2006), Shrum, P.J. Full Summary and Other Cases

Juvenile Law (1) The 2d Circuit previously ruled that a full strip search of juveniles upon admission to a detention facility is not a violation of the 4th Amendment; (2) The 8th Circuit rules that the claim of Plaintiff Smook is not as strong as that of Plaintiffs in the 2d Circuit because Smook was not required to disrobe completely. Smook only disrobed to her undergarments; (3) The search of Smook, while intrusive to a degree, presented a lesser invasion of privacy than a full strip search, therefore, the search of Smook was reasonable within the 4th Amendment; and (4) The director of the detention center is entitled to qualified immunity from suit because in 1999, when the search of Smook took place, there was no clear federal appellate ruling on the reasonableness of strip searches of juveniles in lawful state custody. Jodie Smook v. Minnehaha County, South Dakota, No. 05-1363 (8th Cir., August 9, 2006), 457 F.3d 806, Colloton, Circuit Judge. Full Summary and Other Cases

Local Government House Bill 209 (establishing new mandatory telecommunications license tax scheme for municipalities state-wide) held unconstitutional as a special law for excepting a closed-ended class of cities without substantial justification. City of Springfield, Appellant v. Sprint Spectrum, L.P., Respondent, No. 87238 (Mo. banc, August 8, 2006), Stith, J. Full Summary and Other Cases

Medical Malpractice While erroneous, a verdict form based upon a combination of MAI 36.22 and 36.21 was not deemed prejudicial and did not entitle plaintiffs to a new trial. Elaine Pickel, Appellant, v. Ronald Gaskin, M.D. and Daniel Fabito, M.D., Respondents, No. 85903 (Mo. App. E.D., July 25, 2006), Cohen, J. Full Summary and Other Cases

Property Law Short term and overnight rental of condominium units by owners upheld in R-3 zoning as not violating local zoning law and covenant restrictions against business use. Michael P. Mullen, et al., Plaintiffs/Respondents, v. Silvercreek Condominium Owner's Association, Inc.,Defendant/Appellant, No. 27333 (Mo. App. S.D., July 7, 2006), Rahmeyer, P.J. Full Summary and Other Cases