Zel M. Fischer , Judge . Kelly Blanchette appeals from the circuit court's judgment in favor of her former spouse, Steven Blanchette. The circuit court registered the couple's foreign judgment of dissolution and two subsequent judgments modifying custody visitation and support, all issued in West Virginia. The circuit court's judgment dismissed Kelly's motion to modify custody in St. Louis County, Missouri, for lack of jurisdiction under the Uniform Child Custody Jurisdiction and...
George W. Draper III , Judge . Carl Greer (hereinafter, "Greer") appeals the Labor and Industrial Relations Commission's (hereinafter, "the commission") decision denying him permanent total disability ("PTD") benefits because he contends that, after he sustained a crush injury to his left ankle, he is unemployable in the open labor market. Greer's employer, SYSCO Food Services (hereinafter, "Employer"), cross-appeals, arguing the commission erred in awarding Greer an additional award of...
Overview: A man convicted of first-degree murder and sentenced to death for the 1991 deaths of two sisters in St. Louis sought relief from the Supreme Court of Missouri, which appointed a special master to take evidence and issue a report regarding the man's claims. In a 4-3 decision written by Chief Justice Patricia Breckenridge, the Court vacates the man's convictions and sentences for first-degree murder and remands (sends back) the case. The state has 60 days from the date the mandate...
Mary R. Russell , Judge . Gerald Geier and the political action committee of which he was the treasurer, Stop Now!, both appeal from the circuit court's grant of summary judgment in favor of the Missouri Ethics Commission in an action involving their challenge to the constitutional validity of sections 130.021.4(1), 130.021.7, and 130.021.8, RSMo Supp. 2009, as well as sections 130.046.1, RSMo Supp. 2007, and 105.961.3, RSMo 2000. This Court affirms the judgment. I. Factual and Procedural...
Richard B. Teitelman , Judge . John Strake appeals from a summary judgment entered in favor of Robinwood West Community Improvement District. Mr. Strake asserts that the trial court erred by not imposing a civil penalty, attorney fees and costs against Robinwood for violation of chapter 610 of the Missouri Revised Statutes (the "Sunshine Law"). Mr. Strake asserts that the record demonstrates that Robinwood "knowingly" and "purposefully" violated the Sunshine Law and, therefore, is subject...
Zel M. Fischer , Judge . New Garden Restaurant, Inc. petitions for review of the Administrative Hearing Commission's summary decision dismissing New Garden's appeal of the Director of Revenue's tax assessments against New Garden. The Commission held it had no authority to hear New Garden's appeal because the appeal was not filed within the time limitation for doing so. New Garden argues the Commission's interpretation of 621.050.1 and 144.261 1 is unfair to taxpayers and violates the...
Mary R. Russell , Judge . The issue on appeal here is whether the trial court erred in granting a motion to dismiss a wrongful death action alleging medical negligence pursuant to section 538.225 1 because no health care affidavit was filed in the case. Plaintiffs argue that the affidavit requirement of the statute is unconstitutional because it arbitrarily bars their case from proceeding in violation of the "open courts" doctrine and the right to a jury trial. Mo. CONST. art. I, secs. 14,...
Laura Denvir Stith , Judge . Steven Cox, a former Kansas City Chiefs employee, appeals a judgment for the Chiefs following a jury trial. He contends that certain trial court rulings excluding evidence from nonparty former employees and limiting discovery in his single-act age discrimination case were in error. The trial court ruled that the testimony of other former employees as to their ages and the circumstances under which their employment with the Chiefs ended was inadmissible on...
ORIGINAL PROCEEDING IN PROHIBITION George W. Draper III , Judge . Bob T. Beisly II (hereinafter, "Relator"), the defendant in the action below, seeks a writ of prohibition to prevent the circuit court from taking any further action in Wilma Jean Irwin's (hereinafter, "Irwin") wrongful death suit, other than to dismiss it with prejudice. Relator contends Irwin's suit is time-barred by section 537.100, RSMo 2000. 1 This Court holds the circuit court did not abuse its discretion in...
Patricia Breckenridge , Chief Justice . The City of St. Peters appeals the trial court's dismissal of the city's prosecution of Bonnie A. Roeder for violating ordinance 4536 by failing to stop at a red light while that violation was detected by an automated enforcement system. After a jury found Ms. Roeder guilty of violating ordinance 4536, Ms. Roeder filed a second motion to dismiss, arguing (1) ordinance 4536 conflicts with state law by not assessing points against a violator's...
PATRICIA BRECKENRIDGE , CHIEF JUSTICE After Sarah K. Tupper and Sandra L. Thurmond each received notices that she had violated ordinance 66868, the City of St. Louis's red light camera ordinance, they filed suit challenging the validity of the ordinance. They named as defendants the city, city officials, American Traffic Solutions, Inc. (ATS), Linebarger Goggan Blair & Samponson, LLC (law firm), and the Missouri director of revenue challenging the validity of the ordinance. In the suit, Ms....
PER CURIAM The State appeals the circuit court's judgment that Missouri's "felon-in-possession law" is unconstitutional. Marcus Merritt was charged with three counts of unlawful possession of a firearm, 571.070.1(1), 1 among other offenses. He filed a motion to dismiss the unlawful possession charges, claiming the law violated the Missouri Constitution's protection of his right to bear arms. The circuit court sustained Merritt's motion, and the State appeals. While the appeal was...
Paul C. Wilson , Judge . The City of Moline Acres ("City") appeals from the dismissal of the City's charge against Charles Brennan ("Brennan") for violating City code section 395.010 (the "Ordinance"). Brennan pleaded not guilty, and the matter was certified for jury trial to the St. Louis County Circuit Court. There, Brennan filed a motion to dismiss the charge, claiming that the Ordinance and the City's notice of violation ("Notice") contradict state law and/or violate due process. The...
Mary R. Russell , Judge . The issue on appeal here is whether the trial courts erred in entering judgments on the pleadings in five wrongful death lawsuits on the basis that the causes of action were time-barred by the three-year limitation in section 537.100. 1 The plaintiffs argue the claims were not barred by the statute of limitation as the defendants intentionally and fraudulently concealed the tortious nature of the decedents' deaths. This Court finds that Frazee v. Partney,...
Richard B. Teitelman , Judge . ISP Minerals, Inc., (Employer) filed a petition for a writ of prohibition and, alternatively, mandamus, asserting that the Labor and Industrial Relations Commission (commission) lacked jurisdiction to determine the amount owed to Michael Alcorn (Employee) pursuant to a settlement agreement that left future medical care "open." Under the circumstances of this case, the commission may exercise jurisdiction to determine Employee's entitlement to future medical...
Richard B. Teitelman , Judge Krikor Partamian, M.D. (Dr. Partamian), and Phoenix Urology of St. Joseph, Inc. (collectively Appellants), appeal from a judgment awarding $4.3 million to Douglas Stewart (Respondent) on his claim for medical negligence. Appellants argue that the trial court abused its discretion in admitting into evidence videotaped deposition testimony from Dr. John Riordan. Appellants also argue that the trial court abused its discretion by failing to find that the...
Zel M. Fischer , Judge . The Arbors at Sugar Creek ("the Arbors") is a subdivision in Des Peres, Missouri. Evolution Development LLC ("Evolution") purchased the land to create the Arbors through loans provided by Jefferson Bank & Trust Company ("Jefferson Bank"). Evolution built and sold homes on five of the 18 lots in the Arbors. Prior to building the first home, Evolution recorded a Declaration of Covenants, Conditions and Restrictions ("Indenture") to run with the land. Pursuant to that...
PER CURIAM The plaintiffs have filed an election contest challenging the summary statement in the ballot title of a proposed constitutional amendment. This case, like Dotson v. Kander, 464 S.W.3d 190 , 2015 WL 4036160 (Mo. banc 2015) (No. SC94482), decided today, raises the issue of whether a challenge to a ballot title may be brought after voters have adopted the measure. Because this Court held in Dotson that chapters 115 and 116 1 allow for such challenges, plaintiffs may bring this...
PER CURIAM This case raises the issue of whether a challenge to the sufficiency and fairness of a ballot title of a proposed measure may be brought after the measure was adopted by voters. This Court holds that a post-election challenge to ballot titles can be brought under chapter 115. 1 As the ballot title was sufficient and fair, there was no irregularity in the August 5, 2014, election. 2 I. Factual Background Samuel Dotson and Rebecca Morgan challenge the sufficiency and fairness...
LAURA DENVIR STITH , JUDGE The Administrative Hearing Commission (AHC) affirmed the Director of Revenue's rejection of VisionStream, Inc.'s request for a refund of Missouri sales taxes it remitted for its sale of trade show displays it produced and shipped in Missouri for use outside Missouri. In so doing, the AHC rejected VisionStream's argument that title of the displays did not transfer to customers until delivery outside the state. This Court affirms the AHC's decision. The burden was...
