Courts Bulletin - 11-Jun

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
License of paramedic convicted of stealing drugs from his ambulance subject to discipline. Department of Health and Senior Services v. Stoner, No. 10-2094 DH (Mo. AHC, May 17, 2011), Dandamudi, C.
Full Summary and Other Cases

Administrative Law
Action before agency applying statute must occur before declaratory action in circuit court on statute's validity. Evans, et al. v. Empire District Electric Company, et al., No. 73376 (Mo. App. W.D., May 31, 2011), Witt, P.J.
Full Summary and Other Cases

Bankruptcy Law
Plaintiffs failed to prove a case of nondischargeable fraud against debtors when plaintiffs failed to record their mortgages and lost their liens to subsequent, perfected mortgages that were foreclosed by banks. Marcusen v. Glen (In re Glen), No. 10-2031, U. S. Court of Appeals for the Eighth Circuit, April 12, 2011. 
Full Summary and Other Cases

Construction Law
In a suit by a contractor to recover an unpaid contract balance on a construction contract, the Supreme Court held that the award of attorney's fees under the Private Prompt Pay Act (PPPA), if requested in the prayer, is appropriate as long as the pleading sets out the necessary elements and that specific reference in the pleading to the PPPA is not necessary.  Stucco & EIFS Design, LLC v. Landau, No. 90771 (Mo. banc, October 26, 2010), Russell, J.
Full Summary and Other Cases

Criminal Law
"Ring" error waived by guilty plea.  State ex rel., Taylor  v. Steele, No. 90925 (Mo. banc, May 31, 2011), Russell, J.
Full Summary and Other Cases

Elder Law
MO HealthNet Home Equity Limits
Full Summary and Other Cases

Juvenile Law
Termination of parental rights (TPR) for abuse/neglect on aggravating factors of mental condition and repeated or continuous neglect is affirmed where child was adjudicated for failure to thrive while in custody of another when mother was incarcerated; mother had mental condition rendering her unable to care for child without at least one to two years of intensive therapy; and mother failed to provide a relationship and support for the child.  In Interest of J.S.W., No. 95390 (Mo. App. E.D., May 31, 2011), Romines, J.
Full Summary and Other Cases

Local Government
Missouri Constitution requires public employers to establish procedural framework for collective bargaining with public employees. Eastern Missouri Coalition of Police, Fraternal Order of Police, Lodge 15 v. City of Springfield, No. 95564 and v. City of Chesterfield, No. 95366 (Mo. App. E.D., May 3, 2011), Ahrens, J.
Full Summary and Other Cases

Probate and Trust Law
Appeal by Bugg from the trial court's judgment allowing a writ of sequestration filed by the Estate of Laura Downs for the purpose of obtaining money owed by Eldon Bugg to the estate on a promissory note.  Judgment reversed where the writ had the unconstitutional effect of confining Bugg in prison until the bond was paid, which would then be used to pay the debt. Estate of Laura Downs v. Bugg, No. 72980 (Mo. App. W.D., May 10, 2011), Howard, J.
Full Summary and Other Cases

Property Law
Insufficient proof of damages incurred due to Defendant's failure to pay condo assessments, fees and costs results in reversal and remand. The Manors at Village Green Condominium, Inc. v. Webb, No. 95067 (Mo. App. E.D., April 26, 2011), Sullivan, P.J.
Full Summary and Other Cases

Tort Law
Humane Society is not liable for injury caused by animal it no longer possessed.  Miles, a minor, et al., v. Rich v. Humane Society of Missouri et al., No. 95112 (Mo. App. E.D., April 26, 2011) Crane, J.
Full Summary and Other Cases