PER CURIAM In the course of arresting a suspect on two pending felony arrest warrants for the manufacture of methamphetamine and child endangerment, a deputy sheriff made a forced entry into a residence and physically subdued and arrested the suspect. As a result of the arrest, the deputy was charged and convicted of three crimes: burglary for entering the residence with intent to commit an assault; property damage for kicking in the door during the entry; and assault for the physical...
George W. Draper III , JUDGE . Leon V. Taylor ("Taylor") was convicted of first-degree murder, first-degree robbery, first-degree assault, and three counts of armed criminal action after shooting and killing a gas station attendant in front of the attendant's eight-year-old stepdaughter. Taylor's half-brother, Willie Kelly Owens ("Owens"), participated in the robbery, but not the shooting. Owens pleaded guilty to a robbery charge in exchange for his cooperation in Taylor's prosecution....
RICHARD B. TEITELMAN , JUDGE . Mumtaz Lalani petitioned for review of an Administrative Hearing Commission (AHC) decision determining that he was liable for the 10-percent tax imposed on the "first sale of tobacco products, other than cigarettes, within this state ..." Section 149.160. 1 This Court has jurisdiction pursuant to article V, section 3, of the Missouri Constitution. The AHC decision is affirmed. I. Facts Lalani bought tobacco products from a Missouri wholesaler. Lalani did...
Patricia Breckenridge , Judge Wells Trucking, Inc., and its excess insurer, Scottsdale Insurance Company, filed suit against Wells Trucking's primary insurer, United Fire & Casualty Company and its wholly owned subsidiary, Addison Insurance Company, (collectively United Fire), asserting United Fire acted in bad faith in refusing to settle within its policy limits a wrongful death action against Wells Trucking. Scottsdale pleaded alternative theories allowing it to raise the bad faith...
RICHARD B. TEITELMAN , Judge . Fenix Construction Company of St. Louis, Five Star Ready-Mix Concrete Company and Horstmeyer Enterprises, Inc., (collectively, Taxpayers) sought refunds for sales and use taxes paid on materials used to construct tilt-up concrete walls. Taxpayers asserted that the materials fell within the section 144.054.2 1 tax exemption for materials used in "manufacturing... any product." The director denied the refund claims. The Administrative Hearing Commission (AHC)...
Mary R. Russell , Chief Justice . Thomas and Harlene Binkley and Roland and Susan Sturhahn (collectively "property owners") appeal from the trial court's judgment in favor of American Equity Mortgage, Inc. ("mortgage company") on their claims that, by preparing deeds of trust and promissory notes for the property owners, the mortgage company: (1) violated sections 484.010.2 and 484.020 1 by engaging in "law business"; (2) violated the Missouri Merchandising Practices Act (MMPA); and (3)...
George W. Draper III , Judge . Missouri Bankers Association, Inc. and Jonesburg State Bank (hereinafter and collectively, "Bankers") sought a judgment declaring an ordinance that implemented a foreclosure mediation program invalid. This Court holds St. Louis County (hereinafter, "the County") exceeded its charter authority when enacting the ordinance and the ordinance was void ab initio. This Court further holds Bankers are not entitled to an award of attorneys' fees pursuant to their...
Patricia Breckenridge , Judge . Synergy, LLC, and Kenoma, LLC, (collectively "Synergy") appeal the trial court's nunc pro tunc judgment awarding the plaintiffs statutory post-judgment interest on the damages awarded on their tort claims. In its sole point on appeal, Synergy asserts that the trial court erred in entering the nunc pro tunc judgment because a nunc pro tunc judgment may only be used to correct clerical errors and the record reflects that the award of statutory post-judgment...
PATRICIA BRECKENRIDGE , JUDGE . Cynthia DeCormier filed a personal injury action against Harley-Davidson Motor Company Group, Inc., (Harley-Davidson) and St. Louis Motorcycle, Inc., d/b/a Gateway Harley-Davidson (Gateway), after sustaining injuries while participating in a motorcycle training course. Harley-Davidson and Gateway filed a motion for summary judgment on the basis of a liability release Ms. DeCormier signed before participating in the course. The circuit court sustained the...
Patricia Breckenridge , Judge . Twelve-year-old Jessica Chavez sustained injuries on a ride at Oceans of Fun Water Park and filed a suit for negligence against Cedar Fair, LP, which owns and operates Oceans of Fun. Following a jury trial, judgment was entered in favor of Ms. Chavez. On appeal from that judgment, Cedar Fair claims the trial court erred in instructing the jury that its liability should be assessed using the highest degree of care standard for negligence, rather than the...
PAUL C. WILSON , Judge . Cari Renee Wise and Carli Nicole Conklin (the "Children") became trustees of their father's inter vivos trust (i.e., the K.R. Conklin Living Trust ("Trust")) when Dr. Conklin died in 2009. They are being sued in their individual capacities and as trustees of the Trust by the children of Dr. Conklin's second wife, C. David Rouner and Alisha Hudson (the "Stepchildren"). The Stepchildren seek relief in three counts. First, they seek a declaration that they are...
PATRICIA BRECKENRIDGE, Judge. This appeal arises from an action brought by Lillian Lewellen against Chad Franklin and Chad Franklin National Auto Sales North, LLC (National), for fraudulent misrepresentation and unlawful merchandising practices under the Missouri Merchandising Practice Act (MMPA), section 407.010, et seq., RSMo. A jury awarded Ms. Lewellen actual damages of $25,000 and punitive damages of $1 million against Mr. Franklin and National on both counts. She took judgment against...
MARY R. RUSSELL, Chief Justice. Homeowners appeal from the trial court's judgment dismissing their claim against Federal National Mortgage Association ("Fannie Mae") and CitiMortgage under the Missouri Merchandising Practices Act (MMPA), section 407.020, 1 for an alleged wrongful foreclosure of a deed of trust. The trial court held the MMPA did not apply because Fannie Mae and CitiMortgage were not parties to the original loan transaction. It further held that the MMPA did not apply to post-...
MARY R. RUSSELL, Chief Justice. Shelby Watson appealed from the trial court's judgment in favor of Wells Fargo on her Missouri Merchandising Practices Act (MMPA), section 407.020 1 claim, in which she maintained Wells Fargo engaged in bad faith negotiations of a loan modification and wrongfully foreclosed on a deed of trust. The trial court held that since Wells Fargo's actions were not done before or at the time of the extension of credit in the original loan, and Wells Fargo was not an...
RICHARD B. TEITELMAN , Judge . Bristol Care Inc. and David Furnell (Appellants) appeal an order overruling their motion to compel arbitration. They contend that the circuit court erred by not compelling arbitration because the arbitration agreement between Bristol and its employee, Carla Baker, is valid and enforceable. This Court affirms the circuit court's order because there was no consideration to create a valid arbitration agreement. 1 First, Baker's continued at-will employment...
RICHARD B. TEITELMAN, Judge. Andro Tolentino appeals the circuit court's grant of summary judgment in favor of Starwood Hotels & Resorts Worldwide Inc. and Westin Hotel Management L.P. (collectively, "Respondents"). Tolentino filed suit pursuant to the Missouri Minimum Wage Law (MMWL), section 290.500 1 et seq., alleging that Respondents, as his joint employer along with Giant Labor Services Inc., ("GLS"), was liable for payment of the minimum wage. The court found that there were genuine...
MARY R. RUSSELL, Chief Justice. The widow of a man killed in an automobile accident sued the automobile liability insurance carrier seeking uninsured motorist ("UM") coverage for her husband's wrongful death. The trial court held that the insurer's liability was limited by an "owned-vehicle" partial exclusion in the couple's policies, which limited coverage when an insured was injured while occupying a vehicle owned by the insured but not covered by the policy. The widow appealed, arguing that...
RICHARD B. TEITELMAN, Judge. Daniel Nickell appeals a judgment dismissing Counts I through III of his second amended petition against Michael F. Shanahan Sr., Michael F. Shanahan Jr., David Mattern, Thomas J. Guilfoil, Kenneth E. Lewi, Crosbie E. Saint, Earl W. Wims, Gary C. Gerhardt, Gerald A. Potthoff, Steven L. Landmann and Mark S. Newman ("Respondents"). 1 Nickell's petition alleged individual claims against the Respondents for damages resulting from alleged fraud and breach of their...
LAURA DENVIR STITH, Judge. Circuit City and Dillard's offered customers the opportunity to finance their purchases through private label credit cards. The cards were issued by banks with which each retailer had negotiated agreements. The bank immediately paid to the retailer the full amount of the purchase, including sales tax, for each transaction made using the private label credit card. The retailer then remitted the applicable sales tax to the State. A customer's payments on the credit...
PER CURIAM. The Senate Committee Substitute for Senate Joint Resolution 36 (SJR 36) was truly agreed and finally passed by the General Assembly on May 7, 2014. 1 The secretary of state certified the official ballot title on June 13, and it was placed on the August 5 state primary election ballot, pursuant to the governor's decision calling for a special election on SJR 36. On the same day the ballot title was certified, D. Samuel Dotson III and Rebecca Morgan filed suit in Cole County...
