Courts Bulletin - 9-Apr
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 Application for licensure of residential care facility denied because operator had previously failed to provide proper oversight to mentally disturbed resident, did not have license from Department of Mental Health, and failed to disclose that principal in operation of the facility did not meet licensure requirements.  Roques d/b/a Affton House v. Department of Health and Senior Services, No. 08-0011 DH (Mo. AHC, March 12, 2009), Chapel, C. Full Summary and Other Cases

Administrative Law Party entitled to a hearing before agency members can waive their conduct of hearing in favor of hearing before a hearing officer. Timothy Coffer, Respondent v. Angela Wasson-Hunt, et al., Appellants, No. 89605 (Mo. banc, March 17, 2009), Teitelman, J. Full Summary and Other Cases

Bankruptcy Law Actual expense required for debtors to get credit for vehicle ownership expense on Form B22C.  In re Wilson, 383 B.R. 729 (8th Cir. BAP 2008), Federman, J. Full Summary and Other Cases

Civil Practice and Procedure Must elect between inconsistent theories of recovery before jury submission.  Trident Group, LLC and Faximo, Inc., Respondents v. Mississippi Valley Roofing, Inc., Appellant, No. 90268 (Mo. App. E.D., January 30, 2009, Shaw, P.J. Full Summary and Other Cases

Commercial Law Escrow agreement subjected to the 10-year statute of limitations of RSMo Section 516.110(1) as a writing for the payment of money.  East Hills Condominiums Limited Partnership, Respondent v. Tri-Lakes Escrow Incorporated, a/k/a and d/b/a Tri-Lakes Title Company, Appellant, No. 28892 (Mo. App. S.D., February 23, 2009), Barney, J. Full Summary and Other Cases

Criminal Law Counsel's failure to file a notice of appeal did not constitute abandonment of post-conviction movant.  David Gehrke, Appellant v. State of Missouri, Respondent, No. 89527 (Mo. banc, March 31, 2009), Breckenridge, J. Full Summary and Other Cases

Insurance Law Uninsured motorist policy limitation upheld.  Jason L. Rice, Respondent v. Shelter Mutual Insurance Company, Appellant, No. 69411, (Mo. App. W.D., March 10, 2009), Welsh, J. Full Summary and Other Cases

Juvenile Law (1) Even if father's consent is not required, father can still contest a proposed adoption.  (2) Evidence does not support a finding that father abandoned or neglected the child prior to the first trial, and since that evidence is the same evidence that was presented at the second trial, the holding remains the same.  (3) Father's failure to pay child support while the case was pending at the Supreme Court does not constitute abandonment or neglect where father renewed child support after the Supreme Court's opinion and where father was actively fighting in the court to regain the right and duty to provide care for his child.  (4) Termination and adoption are reversed and the case is remanded to determine if there are any extraordinary or unusual circumstances that would rebut the presumption of parental fitness allowing for placement of the child with someone other than the parent.  In Re The Adoption of N.L.B., No. 70177 (Mo. App. W.D., January 27, 2009), Ellis, J. Full Summary and Other Cases

Professional Negligence Dorothy Wright, Appellant v Scott L. Campbell, et al., No. 69141 (Mo. App. W.D., January 27, 2009), Ahuja, J. Full Summary and Other Cases

Property Law Capacity to sue can be waived, standing to sue cannot.  In Their Representative Capacity as Trustees for the Indian Springs Owners Association, Appellant v. Todd and Deanna Greeves, Respondents, No. 91057 (Mo. App. E.D., February 10, 2009), Norton, J. Full Summary and Other Cases

Workers' Compensation Were the provisions of Senate Bill 1 and 130, the amendments to Chapter 287 in 2005, unconstitutional?  Mo. Alliance for Retired Americans, et al., Appellants v Department of Labor and Industrial Relations, Division of Workers' Compensation, Respondent, No. 88368 (Mo. banc, February 24, 2009), Wolff, J. Full Summary and Other Cases