Courts Bulletin - 9-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 Company is not liable for sales tax on scanning services and replication of CDs with its customers' scanned information.  Western Blue Print Co. v. Director of Revenue, No. 07-0064 RS (Mo. AHC, April 30, 2009), Kopp, C. Full Summary and Other Cases

Administrative Law Public Defender regulation no good vis-à-vis constitution and statutes.  State ex rel. Missouri Public Defender Commission, J. Marty Robinson & Kevin O'Brien, Relators v. The Honorable Gene Hamilton and The Honorable Gary Oxenhandler, Respondents, Nos. 70327 and 70349 (Mo. App. W.D., April 14, 2009), Welsh, J. Full Summary and Other Cases

Bankruptcy Law Debtor who left her child with a known child abuser and later sought no medical attention for her child after he was fatally abused acted with "gross and reckless indifference" but did not act "willfully" as required by 11 U.S.C. Section 523(a)(6).  In re Patch, 526 F.3d 1176 (8th Cir. 2008), Hansen, J. Full Summary and Other Cases

Civil Practice & Procedure Minimum Contacts Analyzed.  Donald L. Bryant, Jr., Appellant v. Smith Interior Design Group, Inc., Respondent, No. 91924 (Mo. App. E.D., April 14, 2009), Odenwald, J. Full Summary and Other Cases

Constitutional Law Stating a claim not required for jurisdiction. AMG Franchises, Inc., Respondent v. Crack Team USA, Inc. and Team Distributors, LLC., Appellants, No. 91631 (Mo. App. E.D., April 28, 2009), Odenwald, P.J. Full Summary and Other Cases

Construction Law Minority contractor lacks standing to sue as third party beneficiary of development agreement between owner and Tax Increment Finance Commission.  Kansas City Hispanic Association of Contractors Enterprise, Inc. and Diaz Construction Company, Appellants v. City of Kansas City, Missouri, et al., Respondents, No. 69246 (Mo. App. W.D., March 24, 2009), Hardwick, J. Full Summary and Other Cases

Criminal Law Missing licensure of psychologist did not require sexually violent predator be discharged.  State ex rel. State of Missouri, Relator v. The Honorable Paul Parkinson, Respondent, No. 89470 (Mo. banc, April 14, 2009), Stith, C.J. Full Summary and Other Cases

Elder Law MO HealthNet Update: The new Minimum Monthly Maintenance Needs Allowance ("MMMNA"), effective July 1, 2009 = $1,821 (or $1,822, based upon the State's rounding rules).  The previous figure was $1,750. Full Summary and Other Cases

Family Law Competing forums for jurisdiction where there is no "home state."  Devlin P. Moyers, Appellant v. Suzanne N. Moyers, Respondent., No. 91121 (Mo. App. E.D., April 14, 2009), Mooney, J. Full Summary and Other Cases

Juvenile Law (1) Termination of mother's rights for abandonment is supported where mother demonstrated the ability to visit and communicate and provided some in-kind support; where mother's visitation became sporadic and mother ultimately moved out-of-state without notice to the Division and for seven months completely abandoned the child; and where upon return mother continued to have inconsistent visitation with the child and failed to provide support.  (2) Termination for abandonment is in the best interests of the child where mother's own actions create a lack of emotional ties, mother fails to adequately support the child and mother's demonstration of interest and commitment to the child does not outweigh the analysis of the other best interest factors.  In the Interest of C.A.M. T.F., Appellant v. Greene County Juvenile Office, Respondent, No. 29254 (Mo. App. S.D., April 20, 2009), Lynch, J. Full Summary and Other Cases

Labor Law Court of Appeals reverses based on Faragher/Ellerth defense.  Lori Herndon, Appellant v. The City of Manchester, Respondent, No. 91175 (Mo. App. E.D., March 24, 2009, Norton, J. Full Summary and Other Cases

Local Government Boundary commission statute providing for the continuation of fire district jurisdiction on annexation did not prevail over conflicting statute.  South Metropolitan Fire Protection District, Respondent v. City of Lee's Summit, Missouri, Appellant, No. 89558 (Mo. banc, March 17, 2009), Price, Jr., J. Full Summary and Other Cases

Medical Malpractice Continuing care exception does not toll statute of limitations when there is no continuing care within two years after the alleged negligent act.  Sherry Hooe and Dennis Hooe, Appellants v. Saint Francis Medical Center, Cape Laboratory and Pathology, L.C., and William Stahr, M.D., Respondents, No. 29279 (Mo. App. S.D., April 27, 2009), Scott, P.J. Full Summary and Other Cases

Property Law Assigning a deed of trust separate from the note is of no force and the assignee lacks a legal interest in the property.  Robert Bellistri, Respondents v Ocwen Loan Servicing, LLC, Appellant, No. 91369 (Mo. App. E.D., March 3, 2009), Baker, C.J. Full Summary and Other Cases

Taxation Law in Missouri Income Tax - Sales of cars by Missouri dealer not subject to apportionment.  Jay Wolfe Imports Missouri, Inc., Appellant v. Director of Revenue, Respondent, No. 89568 (Mo. banc, May 5, 2009), Russell, J. Full Summary and Other Cases

Tort Law State of Missouri, ex rel. Jeramy Allison, acting as Next Friend of Hunter Allison, a minor, and Lisa Allison, Relators v. The Honorable David B. Mouton, Judge of the Circuit Court of Jasper County, Missouri, Division III, Respondent, No. 28608, (Mo. App. S.D., March 25, 2009), Bates, J. Full Summary and Other Cases

Other Areas of Law Summary judgment incorrectly granted in MIRA lawsuit on the basis that the only money deposited in the inmate's account were gifts.  State of Missouri, ex rel. Jeremiah W. Nixon, Missouri Attorney General, Appellant v. Victor Hughes, Respondent, No. 69891 (Mo. App. W.D., April 7, 2009), Newton, C.J. Full Summary and Other Cases