Courts Bulletin - 14-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
Director of Revenue’s obligation to examine tax returns only extends to return itself, not documents filed separately by other entities, which might have showed errors in the return. The Seymour Bank v. Director of Revenue, No. 13-1606 RF (Mo. AHC, April 8, 2014), Nelson, C.
Full Summary and Other Cases  

Administrative Law
Civil rule regarding joinder does not apply. Mcguire v. Christian County, et al., No. 32731 (Mo. App. S.D., May 5, 2014), Lynch, J.
Full Summary and Other Cases  

Criminal Law
Mistaken identity defense did not compel prosecution to disclose identity of confidential informant. State v. Beard, No. 32471 (Mo. App. S.D., April 16, 2014), Burrell, J.
Full Summary and Other Cases  

Elder Law
MO HealthNet Update – May, 2014
Full Summary and Other Cases

Juvenile Law
Termination of Father’s parental rights for failure to rectify affirmed where child was under the jurisdiction of the court for greater than one year, where Father failed to complete service plans, and where Father had a mental condition which was permanent and which prevented Father from providing necessary care for child. In addition, assistance Father received from a niece was not enough to overcome Father’s problems. Father was unable, even when with a trained parent aide, to provide proper care for child. TPR was in the best interests of child even where court found some statutory factors in Father’s favor. In Interest of D.J.G., No. 32887 (Mo. App. S.D., March 31, 2014), Burrell, J.
Full Summary and Other Cases

Property Law
Where deed of trust requires trustee appointment to be recorded, then same is satisfied where recording occurs prior to foreclosure sale. The Bank of Missouri v. South Creek Properties, LLC, et al., Nos. 32374 and 32543 (Mo. App. S.D., April 10, 2014), Sheffield, J. 
Full Summary and Other Cases

Public Service Commission
Order was not final. AG Processing, Inc. v. KCP&L Greater Missouri Operations Company, et al. No. 76353 (Mo. App. W.D., March 25, 2014), Hardwick, J.
Full Summary and Other Cases

Taxation Law in Missouri
Sales Tax – Membership fees paid to use a dog park subject to tax. Hubb v. Director of Revenue, No. 13-0231 RS (Mo. AHC, February 26, 2014), Winn, C.
Full Summary and Other Cases