Introduction PATRICIA L. COHEN, Judge. Shannon E. Jackson ("Homeowner") appeals the Circuit Court of St. Louis County's judgment following a bench trial in favor of Jamestowne Homeowners Association Trustees ("Association") and against Homeowner for delinquent assessments, interest, collection costs, and attorneys' fees. Homeowner argues that the trial court erred in: (1) entering judgment in favor of Association because Association failed to prove it complied with the Trust Agreement and...
GARY M. GAERTNER, JR., Judge. Introduction Donna Kilgore (Kilgore) appeals the trial court's judgment in favor of Royal Forest Condominium Owners' Association (Association) on the Association's claim of unjust enrichment. Kilgore argues the trial court erroneously applied the law because the Association's claim was barred by the applicable statute of limitations. We reverse. Background The Association is a non-profit corporation that governs, maintains, manages, administers, and operates...
MARY W. SHEFFIELD, J. Federal Home Loan Mortgage Corporation ("Federal Home") appeals from the trial court's order confirming a partition sale of real estate. Federal Home's arguments are without merit, and the trial court's judgment is affirmed. Factual and Procedural Background The dispute in this case surrounds the ownership of a parcel of residential real estate ("the real estate") in Neosho, Missouri. Rick Swift ("ex-husband") was previously married to Connie Landreth Swift ("ex-wife")....
MARY W. SHEFFIELD, J. This is a driver's license revocation case. The Director of Revenue ("Director") revoked the driving privileges of Matthew Lawrence-Fehl Davis ("Davis") because Davis refused to submit to a chemical test of his blood alcohol content after he was arrested for driving while intoxicated. See 577.041.1. 1 The trial court reinstated Davis's driving privileges after a trial de novo, and Director appeals. Director argues the trial court misapplied the law when it found...
OPINION GLENN A. NORTON, Judge. Cheung Rockwell appeals the judgment denying her petition to divide an asset not divided in her dissolution of marriage to James M. Wong and her motion for constructive trust. Wong filed two motions, taken with the case, to dismiss Rockwell's appeal arguing, in part, that Rockwell's appeal should be dismissed for failure to comply with Rule 84.04. 1 We agree that Rockwell's brief fails to comply with Rule 84.04 and therefore dismiss the appeal. I. DISCUSSION...
MARK D. PFEIFFER, Presiding Judge. A class composed of pensioners ("Pensioners") of Missouri's Blind Pension Fund ("Fund") appeal from the Circuit Court of Cole County's ("trial court") partial judgment calculating damages. The trial court certified its partial judgment as final for purposes of appeal pursuant to Rule 74.01(b). We conclude that the partial judgment did not dispose of a distinct judicial unit and did not otherwise comply with our mandate on the most recent appeal of this case....
SHERRI B. SULLIVAN, Judge. Introduction John Chasnoff (Appellant or Intervenor-Defendant) seeks appellate review of the circuit court's denial of his Motion for Judgment on the Pleadings or, in the Alternative, to Dismiss and entry of the Consent Judgment between Plaintiffs and Defendants. Plaintiffs-Respondents Wendell Ishmon, et al., and Defendants-Respondents St. Louis Board of Police Commissioners (Board), et al., both filed motions to dismiss this appeal, arguing that neither the denial...
NANCY STEFFEN RAHMEYER, P.J. Maya Zapata Gasa ("Movant") appeals from the denial without an evidentiary hearing of her original pro se motion for post-conviction relief pursuant to Rule 29.15. 1 We reverse and remand for the motion court to determine whether Movant's motion counsel abandoned Movant with the result that an amended motion filed by motion counsel should be treated as filed timely. If so, the motion court then should resolve Movant's post-conviction relief proceeding in...
GARY D. WITT, Judge. INTRODUCTION The Board of Aldermen ("Board") for Clarkson Valley, Missouri ("City," collectively including the Board), denied the application of James and Frances Babb ("the Babbs") for a Special Use Permit ("SUP") for the installation of a solar energy system ("system") on their home. The Board denied the Babbs' application based on an ordinance addressing solar energy systems. The Babbs, along with the Missouri Solar Energy Industries Association ("MOSEIA"), filed suit...
JEFFREY W. BATES, P.J. Farris Adams (Husband) appeals from the trial court's judgment dissolving his marriage to Sunny Adams (Wife). The judgment ordered Husband to pay $974 per month as child support for their two children, who were nine and six at the time of trial. Husband presents three points. In Point I, he contends the trial court erred in ordering the child support award because the trial court's Form 14 calculations were incorrect, and the award placed "an unsupportable financial...
ANGELA QUIGLESS, Judge. I. INTRODUCTION The Sheriff of St. Charles County (the Sheriff) appeals the judgment of the Circuit Court of St. Charles County ordering him to issue Michael A. Lumetta (Lumetta) a certificate of qualification for a concealed carry endorsement pursuant to section 571.101. 1 The Sheriff argues the circuit court erred because section 571.101.2(2) disqualifies Lumetta from obtaining a certificate of qualification for a concealed carry endorsement given his guilty plea to...
WILLIAM W. FRANCIS, JR., Judge. Jerry Minehart ("Minehart") appeals from an "Order/Judgment" granting Timothy Fowler ("Fowler") 1 a "Full Order of Protection" against Minehart, pursuant to the Adult Abuse Act, after a bench trial. Minehart contends Fowler failed to prove all the elements of "stalking" as defined in sections 455.010-.090 2 to support the trial court's issuance of a Full Order of Protection. We agree and reverse. Factual Procedural Background Fowler filed an "Adult Abuse/...
DON E. BURRELL, J. Tyler Watkins ("Husband") appeals the portion of a judgment entered against him and his wife, Britney Watkins, f/k/a Britney Carner ("Wife"), that found Husband personally liable for the payment of "medical services and supplies" provided to Wife by Saint Francis Medical Center ("Hospital"). Husband first challenges the evidence supporting what he asserts are two necessary elements of Hospital's claim: (1) that Wife's treatment was medically necessary; and (2) that Wife had...
CYNTHIA L. MARTIN, Judge. Ryan Ferguson ("Ferguson") was convicted in 2005 of felony murder in the second degree and first degree robbery. Ferguson filed a petition for writ of habeas corpus, petitioning this court to vacate his convictions and to grant him a new trial either: (i) because newly discovered evidence clearly and convincingly establishes that he is actually innocent thus undermining confidence in his conviction, or (ii) because he has established a gateway permitting review of...
I. INTRODUCTION Appellant M.A.T. ("Wife") appeals the judgment of the Circuit Court of St. Charles County entering a full order of protection brought pursuant to the Adult Abuse Act, sections 455.010 through 455.085, 1 by Respondent D.A.T. ("Husband"). In her two points on appeal, Wife contends the trial court erred in 1) granting Husband a full order of protection against her as the judgment is not supported by substantial evidence, and 2) denying her request for a continuance. Because we...
MARY W. SHEFFIELD , J. Gemini Capital Group, LLC ("Gemini") appeals from the trial court's order denying its motion to compel arbitration of counterclaims asserted against it by Daniel Tripp ("Tripp") and Lela Thorns ("Thorns"). 1 Gemini argues the trial court erred in finding Gemini had waived its right to compel arbitration. We find Gemini did not prove it was a party to a valid arbitration agreement with Tripp and Thorns. Therefore, we affirm the order of the trial court. Factual and...
DON E. BURRELL, J. These consolidated appeals arise from a subcontractor's mechanic's lien obtained by APAC-Missouri, Inc. ("APAC"), the provider of asphalt used by Mainstreet Road & Asphalt, Inc. ("Mainstreet") to build a driveway to a residential lake property. The lot owners, the Boyers, 1 and Mark Haas, the sole owner of Mainstreet, appeal judgments entered by the trial court in favor of APAC and the Boyers after jury and bench trials. Finding no merit in any of their contentions, we...
ROBERT G. DOWD, JR., Judge. Kathy and Bryan Wacker (collectively, "Appellants") appeal from the judgment of the trial court granting summary judgment in favor of Dr. Matthew Collard and Orthopedic Specialists, P.C. (collectively, "Respondents") in a medical malpractice action. Appellants argue the trial court erred in granting summary judgment because they established a prima facie case of medical malpractice. We reverse. Kathy Wacker developed lymphedema following a hysterectomy with...
WILLIAM W. FRANCIS, JR., C.J. The State of Missouri, by and through the Missouri Attorney General ("Attorney General"), and the Missouri Highway Patrol ("MSHP") (collectively "Appellants"), appeal the "Judgment" of the trial court entered on November 19, 2012, ordering Robert Edward Kennedy's ("Kennedy") name be removed from the sexual offender registry for two second-degree statutory rape convictions in Stoddard County. Finding the trial court's Judgment was in error, we reverse the trial...
JEFFREY W. BATES, P.J. The Director of Revenue (Director) appeals from a judgment reinstating the driving privileges of Jennifer Johnson (Johnson). 1 We affirm. I. Factual and Procedural Background On December 13, 2011, Johnson was arrested on suspicion of driving while intoxicated (DWI) by Officer D. Mustain of the Poplar Bluff Police Department. Johnson was transported to the police station and agreed to provide a breath sample. After observing her for 15 minutes to ensure that no smoking...
