Mary R. Russell , Judge . The issue in this case is whether parties in a rent and possession case are entitled to a jury trial. Stephanie Cameron was sued by her landlord, Brainchild Holdings, LLC, after defaulting on rent payments. Citing 2014 statutory amendments to rent and possession suits under chapter 535, RSMo, the trial court denied her request for a jury trial and conducted a bench trial. The trial court found in favor of Brainchild, and Cameron appeals. If requested, parties in...
W. Brent Powell , Judge . The Regional Convention and Sports Complex Authority (the Authority) seeks a writ of mandamus compelling the circuit court to stay arbitration of the Authority's claims in its petition for declaratory judgment and to reinstate the cause on the circuit court's docket. This Court quashes the preliminary writ of mandamus. I. Factual and Procedural History The Authority leased a training facility to the St. Louis Rams, LLC, in Earth City. The Authority filed a three-...
Zel M. Fischer , Chief Justice . Amy J. Fite, the Christian County Prosecuting Attorney, filed a petition for a writ of prohibition alleging the circuit court exceeded its authority by sustaining Robby Ledford's Rule 29.07(d) motion to withdraw his plea of guilty to felony stealing pursuant to 570.030.3(1) 1 and resentencing him as a misdemeanor offender. Ledford's claim is procedurally defaulted and substantively meritless. This Court's preliminary writ of prohibition is made permanent....
W. Brent Powell , Judge . Thomas Dennis and Sonya Cherry appeal the circuit court's dismissal of their petitions against Mercy Hospital Jefferson and its collection law firm, Riezman Berger P.C. The circuit court dismissed their petitions, which alleged, in part, the improper collection of post-judgment interest. The circuit court ruled the petitions failed to state a claim on which relief can be granted because nontort judgments automatically accrue post-judgment interest even when the...
W. Brent Powell , Judge . Abbott Laboratories, Inc., appeals the circuit court's judgment awarding Maddison Schmidt $15 million in compensatory damages and $23 million in punitive damages for her personal injury claim. Abbott argues the circuit court erred in overruling: (1) its pretrial motion to transfer venue; (2) its pretrial motion to sever Schmidt's claim from other plaintiffs' claims; (3) its motions for directed verdict and judgment notwithstanding the verdict on Schmidt's failure-...
PER CURIAM . Rule 94 prescribes the practice, procedure, and pleading for mandamus proceedings in circuit court, including the requirement that a circuit court issue a preliminary writ before an answer and decision on the merits. Here, the circuit court issued summonses rather than a preliminary writ. But the "practice of issuing a summons in lieu of a preliminary writ is not authorized by Rule 94," and this Court will not exercise its discretion to treat the summonses as a preliminary writ...
George W. Draper III , Judge . The Administrative Hearing Commission (hereinafter, "Commission") determined The St. Louis Rams LLC f/k/a The St. Louis Rams Partnership (hereinafter, "the Rams") were entitled to a refund of state sales tax paid, plus statutory interest, for the period from February 1, 2007, through January 31, 2010. The Commission also determined the Rams were not liable for state sales tax and interest assessed by the director of revenue (hereinafter, "the director") for...
Mary R. Russell , Judge . This case is a petition for review of a decision by the Judicial Finance Commission and concerns the reasonableness of the 45th Judicial Circuit Court's ("45th Circuit") 2016 budget as submitted to the Lincoln County Commission ("County Commission"). The Judicial Finance Commission found $26,525 of the total requested budget estimate for attorneys' fees was speculative and unreasonable. The Judicial Finance Commission's decision is affirmed because $26,525,...
Laura Denvir Stith , Judge . Defendant Cottrell, Inc., appeals a jury verdict entered in favor of the plaintiff, Robert Johnson, in a products liability case, on his claims of negligence and strict liability failure to warn. Mr. Johnson cross-appeals, challenging the exclusion of evidence of other Cottrell accidents and a directed verdict in favor of the other defendant, Auto Handling Corporation, on all of his claims. The trial court erred in granting a directed verdict to Auto Handling,...
Zel M. Fischer , Judge . The Kansas City School District appeals the circuit court's judgment awarding Cary Newsome $500,000 in damages on his claim for wrongful discharge in violation of public policy. The District argues the circuit court erred in: (1) overruling its motion for judgment notwithstanding the verdict because Newsome failed to make a submissible case; (2) overruling its motion for new trial because the verdict director submitted to the jury was erroneous; and (3)...
Laura Denvir Stith , Judge . Plaintiffs appeal a judgment dismissing for mootness their action challenging the Joint Committee on Administrative Rules' (JCAR) authority to disapprove the "geographic sourcing" provisions of a 2010 rule promulgated by the Public Service Commission (PSC). Plaintiffs argue they are entitled to an order compelling the Secretary of State to issue a revised version of the 2010 rule that includes the geographic sourcing provisions. Alternatively, they argue the...
Patricia Breckenridge , chief justice . Mary Ann Smith filed a petition against the Humane Society of the United States ("HSUS") and Missourians for the Protection of Dogs, alleging various statements made in documents related to the ballot initiative, the "Puppy Mill Cruelty Prevention Act," were defamatory and placed her in a false light. Specifically, Ms. Smith alleged the specific statements were defamatory because they falsely stated or implied her kennel was one of the worst "puppy...
Zel M. Fischer , Judge . Owners Insurance Company appeals a summary judgment entered in favor of its policyholders Vicki Craig and Chris Craig that denied Owners the right to reduce the amount paid pursuant to its underinsured motorist ("UIM") coverage by the amount paid by the at-fault motorist's liability insurer. Because the policy at issue unambiguously provides for such set-off, the circuit court's judgment is reversed and the case is remanded. Factual and Procedural History Owners...
Mary R. Russell , Judge . This case arises out of the 2008 foreclosure of the family residence of David and Crystal Holm (the Holms). The Holms filed a wrongful foreclosure action against Wells Fargo Home Mortgage, Inc., for allegedly foreclosing on their home without right. They also filed a quiet title action against the Federal Home Loan Mortgage Corporation (Freddie Mac), which took title to the house after the foreclosure sale. 1 During pretrial proceedings, a number of discovery...
Laura Denvir Stith , Judge . Norfolk Southern Railway Company, a Virginia corporation, seeks a writ of prohibition directing the trial court to dismiss the underlying personal injury action brought against it under the Federal Employer's Liability Act (FELA), 45 U.S.C. 51 et seq. Norfolk alleges Missouri has no personal jurisdiction over it where, as here, the injury occurred in Indiana to Russel Parker, an Indiana resident, as a result of his work for Norfolk in Indiana. This Court...
Mary R. Russell , Judge . This case concerns disputes between Missouri and certain tobacco companies arising out of the Master Settlement Agreement ("MSA"). Tobacco manufacturers that participated in the MSA ("PMs"), Missouri, and other states arbitrated a dispute arising out of the MSA. One dispute concerned the application of the Non-Participating Manufacturer Adjustment ("NPM Adjustment"), a provision in the MSA that reduces the amount the PMs must pay to states that failed to diligently...
Paul C. Wilson , Judge . The City of Kansas City (the "City") filed this action seeking to have the trial court order the Kansas City Board of Election Commissioners and other local election authorities serving the City (collectively, the "Local Election Authorities") to remove from the November 3, 2015, ballot a proposed ordinance establishing a minimum wage for Kansas City. The City claims that the ordinance — if enacted — would contradict a state statute. Reverend Samuel Mann and other...
PER CURIAM . Rule 94 prescribes the practice, procedure, and pleading for mandamus proceedings in circuit court, including the requirement that a circuit court issue a preliminary writ before an answer and decision on the merits. Here, the circuit court issued summonses rather than a preliminary writ. But the "practice of issuing a summons in lieu of a preliminary writ is not authorized by Rule 94," and this Court will not exercise its discretion to treat the summonses as a preliminary writ...
