Courts Bulletin - 12-Feb

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
Missouri resident who bought boat, motor, and trailer out of state was not obligated to pay local use taxes on purchase, because his county of residence had not enacted a local use tax. Street v. Director of Revenue, No. 91371 (Mo. banc, January 31, 2012), Breckenridge, J.
Full Summary and Other Cases

Administrative Law
Sufficiency of the evidence does not address credibility determinations, and credibility determination did not shift burden of proof. State ex rel. Noranda Aluminum, Inc. v. Public Service Commission of State, No. 30865 (Mo. App. S.D., November 7, 2011), Burrell, P.J.
Full Summary and Other Cases

Civil Practice & Procedure
Labor and Industrial Relations Commission has power to approve future settlements of death awards. Roth (deceased), et al, vs. J.J. Brouk & Company Corp., et al., No. 96708 (Mo. App. E.D., November 15, 2011), Ahrens, P.J.
Full Summary and Other Cases

Criminal Law
Agreement that in exchange for defendant’s truthful statements concerning a robbery and rape, “the term of imprisonment” he would receive “for his involvement and participation in these crimes” would “be served concurrently with prison sentences” he was then serving was not violated when his rape and robbery sentences were run consecutively to each other. State v. Hicks, No. 71650 (Mo. App. W.D., January 17, 2012), Ahuja, J.
Full Summary and Other Cases

Juvenile Law
In Uniform Parentage Act (UPA) case where no party is a Missouri resident, venue is proper in any county in Missouri. The circuit court has personal jurisdiction over Mother because she filed the action and over Father because he engaged in sexual intercourse in Missouri. The trial court has subject matter jurisdiction under the constitution because the matter is a civil case. K.M.J. v. M.A.J., No. 96677 (Mo. App. E.D., January 31, 2012), Dowd, Jr., P.J.
Full Summary and Other Cases

Property Law
Board of Adjustment’s decision is affirmed, reversing trial court, on grounds that include petitioners’ requesting non-use variance failed to satisfy their burden of showing practical difficulties existed to warrant the variance. Brown v. City of Maplewood, Missouri, No. 96548 (Mo. App. E.D., December 20, 2011), Clayton, J.
Full Summary and Other Cases

Taxation Law in Missouri
Sales Tax – Application of lower 1% rate of tax on retail sales of food explained. Krispy Kreme Doughnut Corporation v. Director of Revenue, No. 91471 (Mo. banc, December 20, 2011), Price, J.
Full Summary and Other Cases

Tort Law
When raising the defense of official immunity, defendant must plead and prove that defendant had complied with applicable rules, policies and guidelines and that the rules, policies or guidelines afforded defendant discretion in their implementation or that defendant had been granted the discretion to disregard the rules, policies and guidelines. Nguyen, et al. v. Grain Valley R-5 School District, No. 73182 (Mo. App. W.D., December 13, 2011), Ellis, J.
Full Summary and Other Cases

Workers' Compensation
A stay in the civil suit filed by an employee against his employer is the proper remedy, rather than the granting of summary judgment when original jurisdiction over an employee’s accident at work lies with the Missouri Division of Worker’s Compensation. Cooper v Chrysler Group, LLC, No. 96549 (Mo. App. E.D., December 13, 2011), Crane, J.
Full Summary and Other Cases

Other Areas of Law
Gathering financial documents and information does not constitute the unauthorized practice of law, nor does assisting in the preparation of loan documents and financial disclosure statements which are primarily financial rather than legal in nature. Forwarding information to third parties necessary for the completion of legal documents does not constitute the practice of law when no fee is charged for this service to the customer, and no fee is charged by the third party for the service. Hargis v. JLB Corp. d/b/a Golden Oak Lending, No. 91639 (Mo. banc December 20, 2011) Stith, L.
Full Summary and Other Cases