Courts Bulletin - 7-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 RV site rental fees not subject to tax as amounts paid in a place of amusement. Benton J. Wood v. Director of Revenue, No. 06-0230 RS (Mo. AHC, April 6, 2007), Jarrett, C. Full Summary and Other Cases

Administrative/Constitutional Law Only a lawyer can represent a state agency. Mary Jeanette Haggard d/b/a Jenny's Housecleaning, and Jenny's Housecleaning, Inc., Appellants, v. Division of Employment Security, Respondent, Nos. 66738 and 66739 (Mo. App. W.D., April 24, 2007), Breckenridge, J. Full Summary and Other Cases

Civil Practice & Procedure Offset must be pled to mandate a judgment credit for settlements. Cadco, Inc. and Bankers National, Inc. d/b/a/ Imperial Homes, Inc., Respondents/Cross-Appellants v. Fleetwood Enterprises, Inc., and Fleetwood Homes of Texas, L.P., Successor to Fleetwood Homes of Texas, Inc., Appellants/Cross-Respondents, No. 87066 (Mo. App. E.D., March 20, 2007), per curiam Full Summary and Other Cases

Commercial Law Privity is not an essential element of Merchandising Practices Act claim. Rodney D. Gibbons, Appellant, v. J. Nuckolls, Inc., d/b/a Fenton Auto Sales, Respondent, No. 88023 (Mo. banc, March 20, 2007), White, J. Full Summary and Other Cases

Criminal Law Reasonable suspicion supported drug dog sniff of car. State of Missouri, Respondent, v. Lea Ann Daniels, Appellant, No. 27821 (Mo. App. S.D., April 27, 2007), Scott, J. Full Summary and Other Cases

Family Law Remand is necessary for the trial court to enter the statutorily appropriate nomenclature in describing the type of custody being awarded to the parents in this matter. Shane M. Granger, Respondent v. Tina M. Granger, Appellant, No. 27852 (Mo. App. S.D., April 2, 2007) Barney, J. Full Summary and Other Cases

Insurance Law Ambiguity in uninsured motorist policies results in stacking of all coverages. Beth Williams, Plaintiff, Rebecca Jaynes, Respondent, v. Thomas Silvola Jr., et al., Defendants, Farmers Insurance Company, Inc., and Mid-Century Insurance Company, Appellants, No. 66055 (W.D. April 10, 2007), Breckenridge, J. Full Summary and Other Cases

Juvenile Law (1) Where father fails to file a motion to amend the termination judgment, his claim that the court failed to make required findings on neglect and best interests is not preserved for review. (2) Termination for abandonment is affirmed where the evidence shows father did not contact, or attempt to contact, the custodians for six months prior to the filing of the petition for termination and adoption. (3) The adoption is reversed because it was granted while the termination was on appeal, which is reversible error. In the Interest of M.D.D., JR., a child under seventeen years of age, No. 27811 (Mo. App. S.D., April 30, 2007), Rahmeyer, P.J. Full Summary and Other Cases

Labor Law - Federal The Eighth Circuit affirms district court's grant of summary judgment in favor of employer on retaliation claim because employee engaged in protected activity only after employer's investigation of work performance issues. Thomas Carrington, Plaintiff-Appellant, v. City of Des Moines, Iowa, Defendant-Appellee, 481 F.3d 1046 (8th Cir. 2007). Full Summary and Other Cases

Property Law Without timely notice of appeal there is no appellate jurisdiction. Terry W. Dixon and Cynthia Crossland, Plaintiffs-Respondents v. Thomas D. Thompson, Defendant-Appellant, No. 27529 (Mo. App. S.D., March 20, 2007), Parrish, J. Full Summary and Other Cases