Paul C. Wilson , Judge . On September 6, 2016, Faustino Lopez-Matias was arrested and charged with the class C felony of possessing (and attempting to use as genuine) a forged social security card in violation of section 570.090.1(4), RSMo Supp. 2013. 1 As provided in his arrest warrant, Lopez-Matias is being held without bail. On September 9, counsel for Lopez-Matias filed a motion asking the trial court to release Lopez-Matias on his own recognizance or, in the alternative, to set...
Paul C. Wilson , Judge . Appellants brought several challenges to the Secretary of State's August 9, 2016, decision certifying Amendment No. 3, a constitutional amendment proposed by initiative petition, for the November 8, 2016 general election ballot. The trial court rejected some of these challenges on their merits and determined that the remainder were premature. This Court has jurisdiction pursuant to article V, section 3, of the Missouri Constitution, and the trial court's judgment is...
PER CURIAM . Brentwood Glass Company, Inc., appeals the circuit court's judgment in favor of defendants on two claims: its mechanic's lien claim for unpaid work on a construction project and its claim that St. Louis County failed to require a public works construction bond mandated by section 107.170. 1 This Court granted transfer after opinion by the court of appeals. Mo. Const. art. V, sec. 10. The defendants were not entitled to summary judgment on Brentwood Glass's mechanic's lien...
GEORGE W. DRAPER, III , JUDGE . Timothy S. Pestka and Rudy M. Chavez (hereinafter, "Appellants") request this Court to determine whether the Missouri Senate (hereinafter, "the senate") violated article III, section 32 of the Missouri Constitution when it considered, voted upon, and purported to pass Truly Agreed To and Finally Passed House Bill 150 (hereinafter, "HB 150") during a veto session convened in September 2015. This Court holds the senate lacked authority to vote to override the...
Laura Denvir Stith , Judge . CenturyTel of Missouri LLC ("CenturyLink") appeals the trial court's order sustaining Kyle Sanford's motion for partial summary judgment and overruling CenturyLink's motion to compel arbitration. Section 435.440 1 makes orders denying arbitration immediately appealable. Under Rule 81.04(a), any such appeal must be filed "not later than 10 days after the judgment or order appealed from becomes final." The order denying arbitration became "final" under Rule 81.04(...
George W. Draper III , Judge . The Saint Louis Metropolitan Police Department (hereinafter, "SLMPD"), Steven A. Gori (hereinafter, "Sgt. Gori"), Michael A. Deeba, Sr. (hereinafter, "Lt. Deeba"), the Saint Louis Board of Police Commissioners (hereinafter, "the Board") and its individual members (hereinafter and collectively, "Defendants") appeal the circuit court's judgment in favor of Tanisha Ross-Paige (hereinafter, "Ross-Paige"), a former police officer. Ross-Paige alleged Defendants...
Patricia Breckenridge , Judge . Curt and Cheri Peters filed a personal injury action against Patrick Terrio, alleging that Mr. Peters was injured at work because Mr. Terrio, a supervisory co-employee, was negligent. The trial court dismissed the Peterses' claims against Mr. Terrio, finding they failed to allege Mr. Terrio owed Mr. Peters a duty outside of their employer's nondelegable duty to provide a safe workplace. The Peterses appealed, asserting that their petition alleges sufficient...
Richard B. Teitelman , Judge . In Nevils v. Group Health Plan, Inc., 418 S.W.3d 451 , 457 (Mo. banc 2014), this Court held that 5 U.S.C. section 8902(m)(1) of the Federal Employee Health Benefits Act (FEHBA) did not preempt Missouri law prohibiting subrogation of personal injury claims. The United States Supreme Court granted certiorari, vacated this Court's decision in Nevils, and remanded the case for this Court to determine whether a new regulation promulgated by the Office of...
Mary R. Russell , Judge . The family of Shannon Dodson ("Plaintiffs") brought a wrongful death action against defendant healthcare providers ("Defendants") after Ms. Dodson tragically died as a result of a dissection of her left main coronary artery during a cardiac catheterization. The jury returned a verdict in the amount of $1,831,155 for economic damages and $9 million for noneconomic damages. The trial court reduced the noneconomic damages to $350,000 pursuant to section 538.210(1). 1...
Mary R. Russell , Judge . Brittany Hunter (Plaintiff) brought negligence claims arising out of her stay at a motel against the motel's manager, Charles Moore Sr. (Defendant) and his employer. The parties entered a settlement agreement under section 537.065. 1 Because the parties disputed some of the terms of the agreement, Plaintiff filed a separate action, which is the subject of this appeal, against Defendant seeking specific performance and reformation of their executed agreement....
Paul C. Wilson , Judge . Ruth Mickels, Joseph Mickels, Jr., Billy Joe Mickels, Brittany Mickels, and Jennifer Unglesbee ("Appellants") brought a wrongful death action against Dr. Raman Danrad ("Dr. Danrad") for negligent failure to diagnose an incurable, terminal brain tumor in Joseph Mickels, Sr. ("Mr. Mickels"). The trial court granted Dr. Danrad's motion for summary judgment and dismissed Appellants' petition on the ground that Appellants could not establish Dr. Danrad's negligence...
Richard B. Teitelman , Judge . Janet Delana (Appellant) filed suit against CED Sales Inc. d/b/a Odessa Gun & Pawn, Charles Doleshal, Brett Doleshal, 1 and Derrick Dady (Respondents) alleging claims for negligence, negligent entrustment, and negligence per se. 2 Appellant alleged that Respondents negligently sold or entrusted a gun to Appellant's mentally ill daughter, who then used the gun to kill Appellant's husband. The circuit court entered summary judgment in favor of Respondents. The...
Mary R. Russell , Judge . The Macon County Emergency Services Board filed a petition for declaratory judgment in the Macon County Circuit Court seeking a judgment that it was entitled to a proportional share of the county's use tax revenue equal to the share that it was already receiving of the county's sales tax revenue. The circuit court denied the request, and this appeal follows. Because section 144.757 1 does not direct third-class counties as to the disbursement of county use tax...
Mary R. Russell , Judge . Blaec Lammers (Defendant) appeals his convictions for attempted first-degree assault and armed criminal action. Defendant, who was being treated for serious mental health issues, thought of a plan to commit a mass shooting after he had seen a video about the Columbine shootings 1 and considered emulating them. He later purchased two assault rifles and engaged in target practice, despite having no experience using firearms. When his mother found out, she alerted...
Laura Denvir Stith , Judge . The State appeals the trial court's holding that the right to bear arms set out in article I, section 23 of the Missouri Constitution is violated by section 571.070.1, 1 which prohibits nonviolent felons from possessing firearms. The trial court based its ruling on the adoption of Amendment 5 in August 2014, which added language to article I, section 23 requiring, inter alia, strict scrutiny of laws restricting the right to bear arms as set out in section 23...
Laura Denvir Stith , Judge . The trial courts in both State v. Robinson and State v. Lomax held that article I, section 23 of the Missouri Constitution, as amended by Amendment 5 adopted in 2014, does not permit the State to prohibit non-violent felons from bearing arms. On this basis these courts dismissed the criminal counts charging Mr. Robinson and Mr. Lomax with violating section 571.070.1, 1 which prohibits them from carrying weapons due to their have prior convictions for...
Paul C. Wilson , Judge . The state appeals the trial court's decision, entered before plea or determination of Ms. Smiley's guilt at trial, declaring the three-year mandatory minimum incarceration requirement in section 571.015, RSMo 2000, unconstitutional as applied to all juvenile offenders. The state has no right to appeal this interlocutory decision under section 547.200.1, RSMo 2000, nor does the trial court's decision constitute a final judgment from which the state is entitled to...
Paul C. Wilson , Judge . JF Enterprises, LLC, appeals the circuit court's judgment denying JF Enterprises' application to compel arbitration and stay proceedings in a contract dispute concerning a car sale to Lashiya Ellis. The trial court refused to compel arbitration because the contract between Ms. Ellis and JF Enterprises was void under section 301.210. 1 Time and again, however, the United States Supreme Court has held that section 2 of the Federal Arbitration Act ("FAA") prohibits...
Laura Denvir Stith , Judge . The Metropolitan St. Louis Sewer District ("MSD") appeals the trial court's judgment dismissing its claims of inverse condemnation, trespass and negligence against the city of Bellefontaine Neighbors for damage to MSD sewer lines allegedly caused in the course of a city street improvement project. MSD argues that it can bring a claim under article I, section 26 of the Missouri Constitution for inverse condemnation alleging the City unintentionally took its...
