Courts Bulletin - 11-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. Administrative Hearing Commission
President and sole shareholder of corporation properly assessed responsible party liability for unpaid sales taxes-agency theory rejected. Barlow v. Director of Revenue, No. 09-0860 (MO. AHC, May 4, 2011), Nelson, C.
Full Summary and Other Cases

Civil Practice & Procedure
Filing of late notice of appeal not allowed in statutory proceedings such as unemployment claims; Supreme Court Rule 81.07 does not apply. Williams  v. Labarge Products, Inc. and Division of Employment Security, No. 96161 (Mo. App. E.D., March 22, 2011), Richter, CJ.
Full Summary and Other Cases

Criminal Law
Constitutional challenge to second degree statutory rape statute waived when not raised before guilty plea.  Ross v. State, No. 90807 (Mo. banc, April 26, 2011), Breckenridge, J.
Full Summary and Other Cases

Juvenile Law
Where Chapter 211 termination of parental rights (TPR) was combined with Chapter 453 adoption, all of the requirements of Chapter 211 (not just the 211 grounds) must be strictly followed or TPR judgment must be reversed.  Where alleged errors were not preserved for review, court undertook plain error review, and finds that failure to comply with investigative and reporting requirements of Chapters 211 and 453 is manifestly unjust requiring reversal. Remand is required because petitioners made a submissible case on abandonment.  In re Adoption of C.M.B.R., No. 91141 (Mo. Banc January 25, 2011), Breckenridge, J.
Full Summary and Other Cases

Probate and Trust Law
Appeal by Spicer from a judgment enforcing a settlement agreement dismissed where the the trial court lacked jurisdiction to grant the trustee's motion to vacate the initial judgment setting aside the conveyance, because the initial judgment had become final. Spicer v. Donald N. Spicer Revocable Living Trust, et. al., No. 91117 (Mo. banc, March 29, 2011), Price, Jr., C.J.
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Property Law
Dismissal of petition under a time bar reversed where damages were not ascertainable until foreclosure actually commenced. Warren County Concrete, L.L.C. v. Peoples Bank & Trust Co., et al., No. 94936 (Mo. App. E.D.,  April 12, 2011), Norton, P.J.
Full Summary and Other Cases

Taxation Law in Missouri
Sales Tax - exemption allowed for the sale of electrical energy consumed in processing food at retail stores.  Aquila Foreign Qualifications Corporation v. Director of Revenue, No. 09-0376 RS (Mo. Administrative Hearing Commission, April 28, 2011), Winn, C.
Full Summary and Other Cases

Tort Law
Trial court may not weigh credibility in ruling on motion for summary judgment.  Loth v. Union Pacific Railroad Company, No. 94105 (Mo. App. E.D., April 12, 2011), Mooney, J. (Ahrens, J. dissenting)
Full Summary and Other Cases