Courts Bulletin - 13-March

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 constitutional violation when Real Estate Commission revoked license for mortgage fraud committed before enactment of statute specifying grounds for revocation due to mortgage fraud. Greer v. Missouri Real Estate Commission, No. 12-1490 RE (Mo. AHC, February 22, 2013), Barragán-Scott, C.
Full Summary and Other Cases  

Administrative Law
No mandamus pending administrative review. State of Missouri, ex rel. DPH Chesterfield, LLC v. State Tax Commission of Missouri and Jake Zimmerman, Assessor for St. Louis County, Nos. 98724 and 98761 (Mo. App. E.D., March 6, 2013), per curiam.
Full Summary and Other Cases  

Criminal Law
Facts support knowledge of felony amount of marijuana, but not control. State v. Politte, No. 31469 (Mo. App. S.D., February 25, 2013), Scott, J.
Full Summary and Other Cases  

Family Law
In an action to prevent relocation filed more than thirty days after notice by certified mail, the deficiencies and inaccuracies in the notice preclude obligation of non-relocating party to file objection within thirty days. Allen v. Gatewood, No. 74799 (Mo. App. W.D., January 22, 2013), Hardwick, J.
Full Summary and Other Cases  

Juvenile Law
Termination of Parental Rights (TPR) for abuse/neglect and failure to rectify is affirmed where Mother engages in a pattern of repeated and continuous neglect, fails to support, fails to comply with four treatment plans and fails to correct conditions requiring assumption of jurisdiction. Mother’s compliance after the filing of the TPR petition does not compel a different result. In Interest of S.M.F., No. 75548 (Mo. App. W.D., March 19, 2013), Martin, P.J.
Full Summary and Other Cases  

Property Law
Leave freely given to conform pleadings to the evidence, where no surprise resulted and no prejudice was shown, in accord with Rule 55.33(b). Davis Estates, L.L.C. v. Ronald Junge and JoAnn Junge, No. 31896 (Mo. App. S.D., February 14, 2013), Lynch, P.J.
Full Summary and Other Cases  

Public Service Commission
Tariff cannot alter common law. The State of Missouri Public Service Commission the Office of Public Counsel v. Missouri Gas Energy, a Division of Southern Union Company, No. 75024 (Mo. App. W.D., January 8, 2013), Martin, J.
Full Summary and Other Cases