Courts Bulletin - 11-Jul

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
Candidate for registered nursing license could appeal decision by Board of Nursing to allow her to take exam, then probate her license for a year after passing the exam. Griffin v. State Board of Nursing, No. 10-2144 BN (Mo. AHC, June 2, 2011), Chapel, C.
Full Summary and Other Cases

Administrative Law
General statute on declaratory judgment allows injunctive relief against unpublished rule and statute providing that declaratory action on validity of rules applies only to published rules. Missouri Association of Nurse Anesthetists, Inc., Kunkel, M.D., and Snyders, CRNA, vs. State Board of Registration for the Healing Arts, No. 91302 (Mo. banc, June 28, 2011), Price, Jr., C.J.
Full Summary and Other Cases

Attorney Discipline
Discipline of attorney for four DWIs in 11 years resulted in indefinite suspension from the practice of law. In re Byron G. Stewart, No. 91370 (Mo. banc, June 28, 2011), Russell, J.
Full Summary and Other Cases

Bankruptcy Law
Reconversion from Chapter 7 back to Chapter 13 is not barred by Section 706(a) when it is ordered pursuant to the anti-abuse provisions of Section 707(b)(1). Advanced Control Solutions, Inc. v. Justice (In re Justice), F.3d (No. 10-3168, 8th Cir., May 17, 2011).
Full Summary and Other Cases

Civil Practice and Procedure
Class action settlement upheld pursuant to abuse of discretion standard; opinion includes detailed discussion of how class action settlements are reviewed and approved. Bachman, et al individually and on behalf of all others similarly situated v. A.G. Edwards, Inc., No. 95074 (Mo. App. E.D., May 31, 2011), PER CURIAM
Full Summary and Other Cases

Construction Law
Award of attorney's fee under the Private Prompt Pay Act (PPPA) upheld where requested in prayer for relief with requisite specificity. Lucas Stucco & EIFS Design, LLC v. Landau, No.90771 (Mo. banc S.C., October 26, 2010), Russell, J.
Full Summary and Other Cases

Contract Law
Judgment for specific performance of a single-page handwritten contract reversed because notations under the parties' signatures rendered the document too indefinite to be enforced. Fedynich v. Massood and Midwest Outdoor Media, LLC, No. 72816 (Mo. App. W.D., June 21, 2011), Howard, J.
Full Summary and Other Cases

Criminal Law
Replica sword was a deadly weapon.  State v. Harrell, No. 30312 (Mo. App., S.D., June 23, 2011), Burrell, J.
Full Summary and Other Cases

Family Law
Waiver of right to counsel in civil contempt proceeding reversed where waivers do not appear in trial court transcript. Carothers v. Carothers, No. 91160 (Mo. banc, May 17, 2011), Wolff, J.
Full Summary and Other Cases

Juvenile Law
Restitution award in the amount of $4,000 against juvenile and mother is affirmed where it would be unfair to the victim to receive less than full restitution because cap set forth in Section 211.185.9, RSMo would not allow more culpable boys to have higher amounts assessed to them and where juvenile did not offer any evidence of inability to pay because of a specific cause such as physical or mental impairment. Juvenile has no standing to raise claim for Mother, who did not appeal, that court should not have ordered Mother to be jointly responsible for juvenile's restitution. In Interest of N.J., No. 30621 (Mo. App. S.D. June 21, 2011), Barney, P.J.
Full Summary and Other Cases

School Law and Higher Education
Director of school district Parents as Teachers (PAT) program engaged in activities constituting "immoral conduct" such that her dismissal was permitted under Missouri statute permitting termination of indefinite contract with a tenured teacher based upon such grounds. Lynda Homa v. Carthage IX School District, No. 30502 (Mo. App. S.D., May 4, 2011), Francis, Jr., J.
Full Summary and Other Cases

Workers' Compensation
Surveillance video held to be discoverable by use of a subpoena ducestecum pursuant to Rule 56.01 (b) (3) of the Rules of Civil Procedure. State ex rel. David Feltz v. Bob Sight Ford, Inc., No. 72969(Mo. App. W.D, May 31, 2011), Hardwick, C.J.
Full Summary and Other Cases