LAURA DENVIR STITH, Judge. Bonnie Hargis appeals the circuit court's grant of summary judgment to JLB Corporation on her claims that (1) JLB engaged in the unauthorized practice of law by procuring, preparing and assisting in the drawing of legal documents as it negotiated with lenders to obtain mortgages for its clients and that (2) JLB was unjustly enriched by charging her for document preparation services it did not provide. So far as the record shows, JLB assisted Ms. Hargis only in...
LAURA DENVIR STITH, Judge. Michael Ocello, Passions Video Inc., Genova's Chestnut Lounge Inc., and certain other Missouri residents and businesses (collectively "the businesses") appeal the circuit court's grant of judgment on the pleadings against them in their challenge to the validity of sections 573.525 to 573.540, RSMo Supp.2010 1 ("the Act"), which regulate sexually oriented businesses in Missouri. They argue that the limitations contained in these statutes concerning touching of...
ZEL M. FISCHER, Judge. This is the second appeal by JAS Apartments, Inc. ("JAS") arising from a contract for the sale of real estate. In the first appeal, the court of appeals reversed the circuit court's judgment and remanded the case for further proceedings. The circuit court did not make the appropriate determinations of law consistent with the decision of the court of appeals in the first remand, and so this Court reverses the judgment and remands once again. This case has a complex...
LAURA DENVIR STITH, Judge. The St. Louis Association of Realtors appeals the dismissal, for lack of standing, of its declaratory judgment action challenging the validity of certain sections of the city of Ferguson's municipal code. Because this Court finds that the association has satisfied the requirements for associational standing by showing that at least one of its members would have standing to sue, that the interests the suit seeks to protect are germane to the association's purpose, and...
ZEL M. FISCHER, Judge. Robert J. Simpson (Husband) appeals the dismissal of his motion to terminate maintenance by the trial court. Husband claims that the trial court erred in dismissing his motion because the statutory presumption created by 452.370, RSMo 2000, that maintenance terminates upon remarriage, was not overcome by a written agreement between him and Rowena A. Simpson (Wife). This Court has jurisdiction over this appeal under article V, section 10, of the Missouri Constitution,...
LAURA DENVIR STITH, Judge. Kasim Faruqi appeals from a judgment of conviction for attempted enticement of a child. Mr. Faruqi argues that the trial court erred in overruling his motion to dismiss the indictment because the statute setting forth the crime of enticement of a child is unconstitutionally vague. Mr. Faruqi was charged with and convicted of attempted enticement of a child. He did attempt to entice a child, but it turned out that the "child" was a police officer masquerading as a...
PATRICIA BRECKENRIDGE, Judge. Arthur Kerckhoff Jr., Arthur Kerckhoff III, Arthur Kerckhoff IV, and the Arthur Kerckhoff Trust (Kerckhoff defendants) appeal the trial court's order imposing sanctions on them for acting in bad faith in a mediated settlement meeting. Because an order imposing monetary sanctions does not dispose of a "claim for relief" as required by Rule 74.01(b) and does not satisfy the requirement in section 512.020(5) 1 that allows appeals only of final judgments, the trial...
RICHARD B. TEITELMAN, Chief Justice. Reginald Griffin filed a petition for a writ of habeas corpus asserting that his murder conviction should be vacated because newly discovered evidence proves that the State violated Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), by withholding material evidence during his trial. Griffin has met his burden of proving entitlement to habeas relief. I. Facts On July 12, 1983, James Bausley was stabbed fatally in the chest at the...
MARY R. RUSSELL, Judge. Two taxpayers filed a petition for declaratory judgment challenging the constitutional validity of section 99.1205, 1 the Distressed Areas Land Assemblage Tax Credit Act (Act). They claimed that the tax credits provided by the Act constituted an unconstitutional grant or lending of public money to private persons, associations, or corporations. The trial court declined to enter declaratory judgment because the taxpayers did not have standing to challenge the statute....
WILLIAM RAY PRICE, JR., Chief Justice. I. Introduction The appellants seek review of the trial court's dismissal of their challenge to St. Louis County's ("the County") creation and implementation of a waste management system for unincorporated St. Louis County. The County established eight trash collection areas, each served by trash haulers who submitted a winning bid. Appellants allege that the County violated section 2.180.24 of its charter, which states that a majority of voters must...
MICHAEL A. WOLFF, Judge. Introduction On the last day of the three-year limitations period, Eric Katz filed a lawsuit alleging medical malpractice in the death of his mother, Alverna Katz. The lawsuit included as named defendants John Doe, Jane Doe, and Washington University and/or Washington University Medical Center. After discovery, Eric Katz amended the petition by adding the names of Drs. Neal W. Holzum, Scott L. Landry, David Poggemeier and BC Emergency Physicians LLP, and dropping John...
PATRICIA BRECKENRIDGE, Judge. Catherine Ann Stone seeks review of the decision of the Department of Health and Senior Services to place her on the employee disqualification list (EDL) for 18 months after it found that she knowingly abused a patient. She argues that there was insufficient evidence to support the decision because expert testimony is required to prove that she knowingly abused a patient with dementia and mental disabilities. She also argues that the department deprived her of due...
ZEL M. FISCHER, Judge. Kansas City Premier Apartments, Inc. ("KCPA") appeals an injunction entered by the trial court finding it in violation of chapter 339 and prohibiting it from continuing any activities requiring real estate licensure. KCPA claims that the trial court misapplied 339.010.1, RSMo Supp. 2010. 1 It also claims that the trial court erred in not declaring 339.010.1 and 339.010.7 unconstitutional. This Court has exclusive jurisdiction over this appeal under article V,...
WILLIAM RAY PRICE, JR., Chief Justice. I. Introduction The Missouri Association of Nurse Anesthetists, Inc. ("MANA"), Glen Kunkel, M.D., and Kevin Snyders, CRNA 1 , (referred to collectively as "Appellants"), appeal the Cole County circuit court's grant of summary judgment in favor of the State Board of Registration for the Healing Arts ("the Board"). Appellants assert three points on appeal, contending that the trial court erred in granting the Board's motion for summary judgment and that...
ZEL M. FISCHER, Judge. Appellants, St. Louis County and St. Louis Convention and Visitors Commission ("CVC") filed suit against Prestige Travel, Inc. and numerous other online travel companies that facilitate the booking of hotel and motel rooms via the internet. 1 St. Louis County and CVC argued Prestige and the other companies were required to pay hotel and tourism taxes imposed by 502.500 to 502.550 of the revised ordinances of St. Louis County and 67.601 to 67.626, RSMo 2000. 2...
RICHARD B. TEITELMAN, Judge. Michelle Schaefer, Cindy Brandt and Dale Price (plaintiffs) were charged with intoxication-related driving offenses. Each plaintiff had prior convictions for intoxication-related driving offenses. Plaintiffs filed a consolidated petition for a declaratory judgment asserting that the enhanced penalty provisions of section 577.023, RSMo Supp.2008, violate article III, sections 21 and 23 of the Missouri Constitution. The circuit court dismissed the petition. The...
LAURA DENVIR STITH, Judge. Arbor Investment Company LLC, CFV Plastics LLC, Buzz Manley and Donna Austin (collectively, "Arbor") appeal from the entry of summary judgment in favor of the city of Hermann in Arbor's action for damages, an injunction and a declaratory judgment stemming from Hermann's alleged violation of the Hancock Amendment. Arbor argues that the trial court erred in ruling that, under what is sometimes referred to as the "five-factor test" set out in footnote 10 of Keller v....
MARY R. RUSSELL, Judge. Michael Anthony Taylor pleaded guilty to the 1989 kidnapping, rape, and murder of a young girl. He twice was sentenced to death for the murder. 1 After multiple unsuccessful attempts to have his sentence overturned, he now seeks a writ of habeas corpus, arguing that his death sentence should be vacated. He contends that his death sentence was imposed unlawfully by a judge, rather than by a jury, and he asserts that his sentence violates his constitutional rights. This...
WILLIAM RAY PRICE, JR., Chief Justice. I. Introduction Nunley pled guilty to first degree murder, armed criminal action, forcible rape, and kidnapping. He waived jury sentencing. He did so for strategic reasons because he was afraid that if he went before a jury, it might sentence him to death. The defendant's original guilty plea and jury sentencing waiver remained valid after his case was remanded for re-sentencing. Because of Nunley's guilty plea and waiver, Ring v. Arizona, 536 U.S....
MICHAEL A. WOLFF, Judge. Introduction This appeal raises two questions: (1) When is a judgment of contempt final for purposes of appeal (2) Must the record include waiver of the right to counsel when the defendant in contempt is unrepresented Pamela Carothers was found in contempt of court for failing to satisfy a support judgment against her. She was not represented by counsel, and no waiver of her right to counsel appears in the record. Although she filed her notice of appeal within 10...
