Courts Bulletin - 13-January

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
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.
Full Summary and Other Cases  

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.
Full Summary and Other Cases  

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.
Full Summary and Other Cases  

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.
Full Summary and Other Cases  

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.
Full Summary and Other Cases

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.
Full Summary and Other Cases  

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.
Full Summary and Other Cases