Administrative Hearing Commission
No refund on sales tax for utilities provided to bakery departments of grocery chain, because bakeries were not engaging in “processing.” Union Electric Co. d/b/a Ameren Missouri v. Director of Revenue, No. 11-0427 RS (Mo. AHC, December 19, 2012), Dandamudi, C.
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Criminal Law
Postconviction movant’s untimely filed motion is excused by the narrow McFadden exception – that counsel’s action of abandonment, not movant’s own failure to comply with Rule 29.15 – resulted in the untimely filing. Price v. State, No. 31725 (Mo. App. S.D., December 28, 2012), Burrell, J.
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Family Law
In a petition to set aside judgment of paternity and support under § 210.854, the trial court has no authority to require the state to pay for the paternity tests. State ex rel. Department of Social Services, Family Support Division v. Honorable Patrick W. Campbell, No. 75408 (Mo. App. W.D., November 27, 2012), Martin, J.
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Property Law
One seeking equitable relief who does not itself do equity is not entitled to equitable relief. Bank of New York, as Trustee for the Certificateholders of CWABS, Inc. Asset-Backed Certificates Series 2005-17 v. Yonts, et al. No. 31947 (Mo. App. S.D., December 6, 2012), Lynch, G.
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Public Service Commission
Tariff cannot change common law. The State of Missouri Public Service Commission v. Missouri Gas Energy, No. 75024 (Mo. App. W.D., January 8, 2013), Martin, J.
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Taxation Law in Missouri
Sales Tax - Airline not entitled to sales tax refund on sales of fuel to third party airlines because not established that taxpayer retained title or control over the fuel. American Airlines, Inc. v. Director of Revenue, No. 92314 (Mo. banc, January 8, 2013), Fischer, J.
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Workers' Compensation
The Industrial Commission will maintain jurisdiction over a claim and award of permanent total disability to resolve disputes over future medical treatment. Noel v. ABB Combustion Engineering, No. 98446 (Mo. App. E.D., November 13, 2012), Gaertner, Jr., C.J.
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