Courts Bulletin - 13-November

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
Architect who settled Nevada license discipline action by paying fine and costs is subject to Missouri discipline for same acts and for not reporting Nevada discipline to Missouri board. Missouri Board for Architects, Professional Engineers, Professional Land Surveyors & Landscape Architects v. Curtis, No. 12-1565 AR (Mo. AHC, October 21, 2013), Barragan-Scott, C.
Full Summary and Other Cases  

 
Administrative Law
Certification shows compliance. Wilson, v. The City of St. Louis, Missouri, et al., No. 99288 (Mo. App. E.D., October 29, 2013) Sullivan, J.
Full Summary and Other Cases  

 
Bankruptcy Law
Bankruptcy court permits a Chapter 7 case that was closed for eight years to be reopened for lien avoidance under § 522(f). In re Shelton, No. 04-52378-659 (Bankr. E.D. Mo. October 24, 2013).
Full Summary and Other Cases  

 
Constitutional Law
Defective service did not automatically render void a default judgment entered in the amount of $745,000 in a trucking accident case. Christianson v. Goucher, et al., No. 75791 (Mo. App. W.D., October 1, 2013), Howard, P.J.
Full Summary and Other Cases  

 
Criminal Law
Felon in possession statute is not an ex post facto law. State v. Harris, No. 93170 (Mo. banc, October 1, 2013), Fischer, J.
Full Summary and Other Cases

 
Juvenile Law
Judgment assuming jurisdiction for abuse/neglect under § 211.031 is reversed and remanded where petition was based on admissions of adoptive parents and trial court also relied on hearsay statements of child not alleged in the petition. Adoptive parents did not have notice and an opportunity to defend. Where a different outcome is reasonably probable, prejudice is presumed. In Interest of K.S.-W., No. 75753 (Mo. App. W.D., October 22, 2013), Gabbert, J.
Full Summary and Other Cases

 
Local Government
City’s internal payroll data processing agency is not the custodian of records for the employee compensation information of other city agencies; “accrued leave” benefits are disclosable open records if the leave is “payable” to the employee. State ex rel., Daly v. ITSA, et al., No. 98789 (Mo. App. E.D., October 15, 2013), Sullivan, J.
Full Summary and Other Cases

 
Property Law
Once adverse possession has been established for ten years as required by statute, title vests and it is irrelevant what the possessor does thereafter. Humphreys, et al. v. Wooldridge, et al., No. 30798 (Mo. App. S.D., September 3, 2013), Bates, J.
Full Summary and Other Cases

 
Public Service Commission
Transmission costs in fuel adjustment clause (FAC) okay. In the Matter of Union Electric Company, et al. v. Public Service Commission of The State of Missouri, et al., Nos. 75980, 76076, 76080, and 76082 (Mo. App. W.D., October 15, 2013), Pfeiffer, J.
Full Summary and Other Cases

 
Taxation Law in Missouri
Income Tax – Sale of intangibles by non-Missouri seller to non-Missouri buyer not income from a Missouri source. Watkins Motor Lines, Inc. v. Director of Revenue, No. 10-1418 RI (Mo. AHC, September 27, 2013) C. Teer
Full Summary and Other Cases

 
Tort Law
Under the res ipsa loquitur doctrine, the relevant point in time for defendant’s control is the time of injury, not the time the negligent act was committed. Green v. The Plaza in Clayton Condominium Association, et al., No. 98887 (Mo. App. E.D., October 1, 2013), Odenwald, J.
Full Summary and Other Cases