In Toll v. Moreno, 441 U.S. 458 (1979), the Supreme Court held that a state ...
Missouri Court of Appeals Court Cases
Phillips v. Clean-Tech (2000)
The Labor and Industrial Relations Commission (Commission) denied claimant's application for review of the appeals tribunal's decision because the application for review was untimely. Claimant's untimely application divested both the Commission and this court of jurisdiction in this matter. Accordingly, we dismiss this appeal.
Court: Missouri Court of Appeals Docket: ED 77931
Woolridge v. Woolridge (1996)The marriage of the parties was dissolved on March 20, 1995. The trial court, inter alia, awarded the parties joint legal custody of their unemancipated minor child with primary physical custody and child support of $75.00 per month to appellant. Although appellant was awarded physical custody of the parties' minor child, respondent was awarded the parties' marital residence with appellant awarded other assets in lieu of his marital interest in the residence. Appellant raises two points on [...]
Court: Missouri Court of Appeals Docket: WD 50986
Research Medical Center ("Research") appeals the decision of the Labor and Industrial Relations Commission ("Commission") awarding worker's compensation benefits to Thomas J. Davis for back injuries he allegedly sustained while working for Research.
Court: Missouri Court of Appeals Docket: WD 49100
Helmig v. State (2001)A jury found movant guilty of one count of murder in the first degree, in violation of Section 565.020.1 RSMo (Cum.Supp. 1992), for the murder of his mother, Norma Helmig (victim). Victim's death had occurred in the early morning hours of July 29, 1993 and her nightgown-clad body was found in the Osage River on August 1, 1993, bound with a nylon cord which was attached to a concrete block. The prosecution's case was based on circumstantial evidence that movant had the means and opportunity to [...]
Court: Missouri Court of Appeals Docket: ED 76067
Boyle v. Vista Eyewear, Inc. (1985)Vista Eyewear, Inc., and David A. Baker, defendants, appeal from a judgment for plaintiff Judy A. Boyle following a jury verdict awarding Mrs. Boyle $1.00 in actual damages and $15,000 punitive damages for furnishing her a service letter which falsely stated the reasons her employment was terminated. Mrs. Boyle cross-appeals from dismissal of the wrongful discharge count of her petition. We affirm the circuit court's judgment on Counts I and II and reverse its judgment on Count III and remand [...]
Court: Missouri Court of Appeals Docket: WD 34975
State v. Campbell (2004)Terry Campbell ("Defendant") was charged by amended information with the class B felony of sale of a controlled substance in violation of § 195.211. After a jury trial, Defendant was convicted of this offense and sentenced by the trial court to a term of 12 years imprisonment pursuant to the jury's recommendation. Defendant appeals from the judgment, presenting a single point relied on for decision. He contends that the trial court committed plain error by admitting hearsay testimony in [...]
Court: Missouri Court of Appeals Docket: 25601
State v. Dudley (2001)Mark L. Dudley appeals the judgment of his convictions and sentences in the Circuit Court of Boone County following a jury trial for second degree felony murder, § 565.021, second degree burglary, § 569.170, and two counts of armed criminal action (ACA), § 571.015. The appellant was sentenced, as a prior and persistent offender, § 558.016, to consecutive terms of imprisonment in the Missouri Department of Corrections of life for second degree felony murder; twenty years for burglary; [...]
Court: Missouri Court of Appeals Docket: WD 58665
Luft v. Schoenhoff (1996)
Plaintiff, Robert Ben Luft, filed an action against defendant, Lloyd W. Schoenhoff, to recover damages for unjust enrichment and fraud and to impose a constructive trust. The case was tried to the court with both parties represented by counsel. The trial court entered judgment on all counts in plaintiff's favor, awarding plaintiff $354,366.43 in actual damages and interest and $50,000.00 in punitive damages and imposing a constructive trust.
Court: Missouri Court of Appeals Docket: 69373
State v. Scurlock (1999)
Robert J. Scurlock appeals the circuit court's judgment of his jury conviction of one count of forgery, § 570.090.1(1), for which he was sentenced to twenty years in the Missouri Department of Corrections.
Court: Missouri Court of Appeals Docket: WD 52037, WD 55936
Wright v. Wright (1999)
Michelle L. Wright appeals the judgment of the Jackson County Circuit Court dissolving her marriage to the respondent, Stephen James Wright, as to its division of the parties' marital property. In entering its judgment, the court adopted the findings, recommendations, and proposed judgment of the family law commissioner, Sherrill Rosen, pursuant to § 487.030, RSMo Supp.1997.
Court: Missouri Court of Appeals Docket: WD 56935
State v. Dowell (2000)
Ian C. Dowell appeals the judgment of his jury conviction in the Circuit Court of Jackson County for manufacturing a controlled substance, § 195.211, for which he was sentenced to ten years imprisonment in the Missouri Department of Corrections.
Court: Missouri Court of Appeals Docket: WD 57050
Loumiet v. Loumiet (2003)
Lavonne M. Loumiet appeals from the dissolution judgment of the Circuit Court of Jackson County awarding, inter alia, her and the respondent, James R. Loumiet, joint physical and legal custody of their two minor children.
Court: Missouri Court of Appeals Docket: WD 61023
Houston v. Crider (2010)
Sherry L. Crider and John L. Crider, (individually "Sherry" and "John" and collectively "Defendants") appeal the trial court's judgment setting aside a deed dated September 22, 2003, from Irene Norried conveying to Sherry a house and lot ("property") owned by Irene in Van Buren, Missouri. Finding no merit in either of Defendants' claims of trial court error, we affirm.
Court: Missouri Court of Appeals Docket: SD 29879
Nelson v. Nelson (2000)
Michael A. Nelson appeals the judgment of the Jackson County Circuit Court dissolving his marriage to the respondent, Cassandra L. Nelson, with respect to its division of the parties' marital property and award of child support.
Court: Missouri Court of Appeals Docket: WD 57071
Before this Court is the consolidated appeal of the City of Kansas City and the Union Station Assistance Corporation, both of whom appeal the trial court's issuance of a peremptory writ of mandamus on October 13, 1996. In the writ order, the court directed the City to take the steps necessary to cause the initiative proposed by Respondents to be placed on the November 5, 1996 ballot. Finding that the controversy is moot and does not fall within the recognized exceptions to the rule demanding [...]
Court: Missouri Court of Appeals Docket: WD 53460
Crews v. Crews (1997)
Michael Crews appeals the judgment of the Circuit Court of Jackson County dissolving his marriage to respondent, Deborah Crews. In its decree, the trial court, inter alia, awarded physical custody of the parties' two sons to appellant and their daughter to respondent and ordered appellant to pay respondent child support of $350 per month, maintenance of $500 per month and partial attorney's fees of $5,000. Further, the court ordered the parties' marital property divided.
Court: Missouri Court of Appeals Docket: WD 53067
Defendants, Charlie Chicken II, Inc., Michael Hutter, and Eric Snyder, appeal from the trial court's judgment in favor of plaintiffs, Harold Kent and his wife, Kim Nguyen, in a dispute arising out of defendant Hutter's sale of commercial real estate to plaintiffs. In their petition to obtain declaratory and injunctive relief, a statutory penalty for refusal to release a deed of trust, and quiet title, plaintiffs claimed that they had fully performed their obligations under an agreement to [...]
Court: Missouri Court of Appeals Docket: 70469
Shochet v. Allen (1999)Randall Shochet (Client) appeals from the trial court's judgment entered in favor of Terry C. Allen; Craft, Fridkin Daniel Barklage; and Barklage, Barklage, Heywood & Brett (now known as Barklage, Barklage, Brett, Ohlms & Martin) (collectively, Counsel) upon the granting of Counsel's motion for summary judgment. Counsel filed a motion to strike Client's brief on appeal (motion to strike), which was taken with the case. We grant Counsel's motion to strike and additionally dismiss the [...]
Court: Missouri Court of Appeals Docket: 74489
This case arises from the trial court's grants of William and Eileen Captain's and the Washington Realty Company's motions for summary judgment on Donald and Dorothy Colgan's petition alleging intentional and negligent misrepresentation in the sale of real property.
Court: Missouri Court of Appeals Docket: 64455
Bruce Graham, as the representative of the current partners of Skidmore, Owings & Merrill, appeals from the judgment entered on the jury verdict against Skidmore, and in favor of Business Men's Assurance Company (BMA), in the amount of $5,287,991.87. Skidmore raises seven points on appeal arguing that the trial court erred in: A) denying Skidmore's motion for a directed verdict on its statute of limitations defense; B) refusing to submit Skidmore's statute of limitations defense to the jury [...]
Court: Missouri Court of Appeals Docket: WD 45876