NANCY STEFFEN RAHMEYER, J. Annie Belden ("Appellant") appeals the trial court's judgment entered in favor of Timothy Belden ("Respondent") upholding the execution sale of a home formerly owned by the parties as tenants in common. Specifically, Appellant claims: (1) the trial court erred as the home was her homestead and was, therefore, exempt from execution; (2) the trial court erred in classifying her claim for conversion of personal property located in the home as one in equity to divide...
CYNTHIA L. MARTIN, Judge. This is an original proceeding in certiorari to review the record in the case of Allen v. Dormire, Circuit Court of Cole County, Missouri, Cause No. 11AC-CC00634. In that case, the Honorable Daniel Green ("habeas court") issued a writ of habeas corpus to George Allen Jr. ("Allen") on November 2, 2012. Allen was convicted in July 1983, following a second jury trial in the Circuit Court of St. Louis City of capital murder, rape, sodomy, and first degree burglary...
VICTOR C. HOWARD, Judge. The City of Lee's Summit, Missouri, (City) appeals from summary judgment entered in favor of Missouri Public Entity Risk Management (MOPERM) declaring that MOPERM had no duty to defend or indemnify the City in a 1983 suit brought by Theodore White against the City's employee. The judgment is affirmed. Background The material facts are uncontroverted and are as follows. In April 1998, following an investigation by Lee's Summit Detective Richard McKinley, Lee's...
OPINION GLENN A. NORTON, Judge. Sonic Drive In of High Ridge ("Employer") appeals the portion of the decision of the Labor and Industrial Relations Commission affirming and adopting the Administrative Law Judge's (the "ALJ") award of permanent partial disability benefits to T.H. ("Claimant") for psychiatric injuries she suffered as a result of being sexually assaulted at work. Claimant cross-appeals the portion of the Commission's decision modifying the ALJ's award with respect to the...
KURT S. ODENWALD, Judge. Introduction Lake Montowese Association ("Association") appeals from the trial court's judgment in favor of Reynold and Tracy Green (collectively "Green Family"), Dennis and Kathy Becker (collectively "Becker Family"), and Patrick and Deborah Lynch (collectively "Lynch Family") (collectively "Homeowners"). Homeowners sought a declaratory judgment that Association does not have the power to impose a special assessment against Homeowners for improvements to the...
OPINION PER CURIAM. John Osthus, Michael Page, Richard Duff, and Mary Fitzpatrick (collectively referred to as Plaintiffs), Frances Levy, Harold Boll, Beulah Boll, Deneal Schilmeister, John Hamill, Patricia Hamill, John Boyland, Beverly Boyland, Francis Basler, Steve Buschman, Mary Koken Buschman, Henry Thill, Patricia Thill, Camille Demeter, Dorothy Callier, Miles Whitener, Doris Hendrickson, Brad Bomanz, and Margaret Mathey (collectively referred to as Intervenors) appeal the trial court's...
ROBERT G. DOWD, JR., Presiding Judge. J & M Securities, LLC ("J & M") appeals from the judgment of the trial court awarding it a total amount of $2,702.14. J & M argues the trial court erred in failing to award it: (1) contractual pre-judgment interest from the date the debt accrued; and (2) contractual attorney fees as the prevailing party. We affirm as modified and remand. On August 29, 2004, Yolanda Brown ("Brown") entered into a lease agreement with The Villas at Brentwood, LP ("The...
JEFFREY W. BATES, J. Ronald Armstrong (Claimant) appeals from a final award entered by the Labor and Industrial Relations Commission (Commission) denying compensation on his claims against his employer, Tetra Pak, Inc. (Employer), and the Second Injury Fund (the Fund). See 287.220 RSMo (2000). 1 The Commission found that: (1) Claimant had suffered an injury to his shoulder due to an accident at work; but (2) he failed to prove that he had a compensable injury, in that the work accident...
CYNTHIA L. MARTIN, Judge. The State appeals from a trial court judgment that sustained a motion to quash a garnishment filed by Hortense Cain ("Cain") and garnishee, Stone, Rich & Fiore ("Law Firm"). The State contends that the trial court erroneously treated the garnishment as an attempt to enforce a contempt judgment against Cain when the garnishment was in fact intended to enforce an underlying consent judgment against Cain. The State also argues that the trial court erroneously concluded...
KURT S. ODENWALD, Judge. Introduction Cindy Al-Hawarey ("Mother") appeals from the judgment of the trial court dismissing her motion to modify a child custody order entered in the State of Illinois. Mother suggests the trial court erred in granting the motion to dismiss her motion to modify filed by Sherif Al-Hawarey ("Father"). Mother asserts that her motion to modify sufficiently pleaded facts that, when taken as true, entitle her to relief. Ancillary to this point, Mother contends the...
ALOK AHUJA, Judge. Damiun Williams 1 appeals the judgment of the Circuit Court of Jackson County convicting him of one count of possession of a controlled substance (phencyclidine or "PCP"). He argues that the trial court erred in denying his motion to suppress the PCP found in a warrantless search of the vehicle he was driving, because both the initial vehicle stop, and the subsequent vehicle search, were illegal. We conclude that the search of Williams' vehicle was unlawful, and reverse his...
PATRICIA L. COHEN, Judge. Introduction Trina Dibrill (Plaintiff) by her next friend and mother, Annginette Wheeler, appeals the trial court judgment in favor of Normandy Nursing Center, Kerry Kaufmann, and Clara Mayes (Defendants). Plaintiff claims the trial court: (1) erred by dismissing with prejudice her petition on the grounds of failure to state a claim upon which relief can be granted; and (2) abused its discretion by denying her motion for leave to amend the petition. We affirm in...
KURT S. ODENWALD, Judge. Introduction Appellant Dana Martin ("Martin") appeals from the decision of the Labor and Industrial Relations Commission ("Commission") concluding that she was ineligible for unemployment compensation because she had an outstanding balance on a fraud penalty assessed against her several years prior to filing her current claim. Martin claims that the Commission erred in giving retrospective effect to amended Section 288.040.9, 1 which introduced the eligibility...
WILLIAM W. FRANCIS, JR., J. The Director of Revenue ("Director") revoked the driving privileges of Austin C. Brewer ("Brewer") pursuant to section 577.041. 1 The trial court reversed the revocation after finding there were no reasonable grounds for the arresting officer to believe Brewer was driving in an intoxicated or drugged condition. Director appeals that finding. We reverse and remand. Factual and Procedural Background The record reveals that on October 23, 2010, Lindel Gregory, a...
DON E. BURRELL, J. In two points relied on, Jessica L. Wells ("Plaintiff") appeals the trial court's summary judgment in favor of Lester E. Cox Medical Center's Cox College of Nursing and Health Sciences ("College") on her claim that she was improperly terminated from College's nursing program under section 213.065 1 of the Missouri Human Rights Act ("MHRA"). Because whether Plaintiff, who has "a profoundly severe hearing loss," is "disabled" for purposes of the MHRA is a disputed material...
MARK D. PFEIFFER, Judge. Sless Shaleen Riley ("Riley") appeals from the judgment of the Circuit Court of Johnson County, Missouri ("trial court"), upholding the Director of Revenue's ("Director") administrative revocation of Riley's driving privileges. Riley contends that the trial court's judgment is not supported by substantial evidence of Riley's blood alcohol level because the blood test results relied upon by the trial court were procured in violation of section 577.041 1 — specifically,...
JEFFREY W. BATES, J. This is a condemnation case. Carroll Electric Cooperative Corporation (Carroll Electric) filed a petition to condemn a right-of-way for an electric transmission and distribution line across properties owned by two couples: Ralph and Mary Lambert; and William Darch and his wife, Frances Bon Tempo (collectively, Landowners). 1 After Carroll Electric presented evidence at a hearing, Landowners moved to dismiss the action without prejudice pursuant to 523.256. 2 The trial...
CYNTHIA L. MARTIN, Judge. Angela Grant ("Grant") appeals from the trial court's judgment granting James Sears's ("Sears") motion to enforce settlement. On appeal, Grant contends that the trial court erred in enforcing the settlement agreement because there was no meeting of the minds between Grant and American Family as to the material terms of settlement, and alternatively, if an enforceable settlement agreement was formed, American Family breached the agreement. We reverse and remand the...
KURT S. ODENWALD, Judge. Introduction Both parties appeal from the trial court's judgment in an underlying dissolution action characterized by the lamentable inability of parents to overcome their mutual personal hostilities and contempt in order to serve the best interests of their children. Teresa Maurer ("Wife") appeals from the trial court's judgment in her marital dissolution action against Derek Maurer ("Husband"). Wife asserts multiple points of error related to the trial court's...
KAREN KING MITCHELL, Judge. This is a negligent entrustment case. The issue is whether an entrustee may have a viable claim against the entrustor when no third party was injured and when the entrustee's claim is dependent upon his own negligence (and not some independent negligent act of the entrustor). The Restatement view is that, in a state in which contributory negligence does not bar the plaintiff's claim, an entrustee may state a cause of action against the entrustor, and previous cases...
