VICTOR C. HOWARD, Judge. The State of Missouri, Office of Administration, et al. (OA) appeals the judgment of the trial court following a bench trial finding that the OA breached its contracts with K. Asamoah-Boadu d/b/a Sam's Janitorial Service and awarding damages. It contends that its termination of the contracts with Sam's Janitorial was permissible under the contracts and, thus, did not constitute a breach of the contracts. It further contends that the trial court erred in calculating the...
KURT S. ODENWALD, Presiding Judge. Introduction Steven Rothman (Steven) 1 signed an agreement with Martha's Hands, LLC (Martha's Hands) for provision of home health care services for his father, Ronald Rothman (Ronald). After Ronald's death, Steven and his sister Robin Prywitch (Robin), paid two-thirds of the outstanding balance due Martha's Hands for its services. Although one-third of the balance remained unpaid, Steven and Robin claimed this portion of the bill was the responsibility of...
NANCY STEFFEN RAHMEYER, Presiding Judge. Cargill, Inc. ("Appellant") appeals the trial court's denial of its motion to confirm an arbitration award against Charles Poeppelmeyer ("Respondent") pursuant to the terms of a futures contract. We reverse the trial court's decision because it was not based on substantial evidence in that no evidence was taken. Before the trial court were simply allegations and admissions from the pleadings and argument of counsel. Likewise, we only have the same...
PER CURIAM. Allstate Insurance Company appeals the trial court's grant of summary judgment in favor of James E. Reeves and the denial of its motion for summary judgment, both arising from a homeowner's insurance policy claim that resulted from tornado damage to Reeves's property. The trial court sustained Reeves's motion for summary judgment as to Count I of Reeves's First Amended Petition ("the Petition") and awarded $55,752.82 to Reeves, together with interest and costs for the loss of nine...
JEFFREY W. BATES, Presiding Judge. A jury convicted Esther Wadley (Defendant) of conspiracy to commit first-degree murder. See 564.016. 1 On appeal, Defendant presents three points of alleged error. Finding no merit in any of these points, we affirm. Point I—Sufficiency of the Evidence Defendant's first point challenges the sufficiency of the evidence to support her conviction. We view the evidence and all reasonable inferences derived therefrom in the light most favorable to the...
CYNTHIA L. MARTIN, Judge. The Office of the Public Counsel ("OPC") appeals from the trial court's judgment dismissing its petition for writ of review. OPC contends: (1) the trial court erred because its petition was not premature as it was properly filed after the Public Service Commission ("PSC") orally denied OPC's application for rehearing in its agenda meeting; (2) the trial court misinterpreted the law because although section 386.510 1 requires petitions for writ of review to be filed...
PER CURIAM: Vicki Wright appeals the Labor and Industrial Relations Commission's denial of her claim for unemployment benefits. The Commission denied Wright's claim on grounds that her termination was due to misconduct connected with her work. We affirm. Background Appellant Vicki Wright worked for Casey's Marketing Company managing a Casey's General Store in Adrian for approximately sixteen months. She was hired in April 2008 and became a store manager after seven months. On August 10,...
KURT S. ODENWALD, Presiding Judge. Introduction The issue presented by this appeal is whether an employee's conduct of intentionally leaving his assigned work station while on the clock and subsequently engaging in conduct which included rubbing and kissing the naked breasts of a fellow employee and reaching down into her pants, all on company time and on the company's premises, is conduct that disqualifies the employee from unemployment benefits. Calvin West, Jr. (West) appeals from the...
GEORGE W. DRAPER III, Judge. Samantha Jenkins (hereinafter, "Claimant") appeals the decision of the Labor and Industrial Relations Commission (hereinafter, "the Commission"), denying her unemployment compensation benefits. Claimant raises one point on appeal. We reverse and remand. Following a hearing on Claimant's appeal, the Appeals Tribunal made the following findings of fact: Claimant worked for George Gipson Enterprises, LLC (hereinafter, "Employer") as a crew member at Employer's...
GARY M. GAERTNER, JR., Judge. Introduction Defendant, 10330 Old Olive, LLC, appeals from the judgment denying its motion to set aside a default judgment. We affirm in part, reverse in part and remand. Background On December 30, 2008, plaintiff, Court of 5 Gardens Condominium Association, filed a two-count petition for breach of contract and suit on account. Plaintiff alleged that defendant, as a successor in interest, breached an easement agreement (agreement) that provided that...
ROY L. RICHTER, Chief Judge. Lauren Cheathem ("Claimant") has filed a notice of appeal from the Labor and Industrial Relations Commission's ("Commission") decision regarding her application for unemployment benefits. We dismiss the appeal. A deputy of the Division of Employment Security ("Division") concluded that Claimant was disqualified from receiving unemployment benefits because she was discharged from her employment for misconduct connected with work. This determination was affirmed by...
ROY L. RICHTER, Chief Judge. Jonathan Raymond ("Claimant") has filed a notice of appeal from the Labor and Industrial Relations Commission's ("Commission") decision regarding his application for unemployment benefits. We dismiss the appeal. A deputy of the Division of Employment Security ("Division") concluded that Claimant was disqualified from receiving unemployment benefits because he left work voluntarily without good cause attributable to his work or employer. Claimant sought review with...
ROY L. RICHTER, Chief Judge. Adrian Azevedo (Claimant) has filed a notice of appeal from the Labor and Industrial Relations Commission's (Commission) decision denying his application for unemployment benefits. We dismiss the appeal. On August 5, 2010, the Commission issued its decision concluding that Claimant was disqualified from receiving unemployment benefits because he was discharged from his employment for misconduct connected with his work. Claimant filed a notice of appeal to this...
KURT S. ODENWALD, Judge. Introduction Plaintiff Gerald Grubbs, Jr. (Claimant) filed a declaratory judgment action against Defendant Standard Insurance Company (Standard) seeking a determination of benefits coverage under a group long-term disability policy. In particular, Claimant sought a ruling that Standard was not entitled to offset Claimant's disability benefits by the amount Claimant received in settlement of his workers' compensation claim. Standard appeals the trial court's summary...
OPINION GLENN A. NORTON, Presiding Judge. Defendant Garvester Bracken appeals the judgment entered on a jury verdict finding him guilty of one count of forcible rape and one count of attempt to commit deviate sexual assault. We affirm. I. BACKGROUND Bracken was indicted on sixteen charges: six counts of forcible rape, three counts of attempt to commit deviate sexual assault, one count of deviate sexual assault, three counts of domestic assault (third degree), two counts of domestic assault...
MARY K. HOFF, Presiding Judge. OPINION Lauralee Braddy, n/k/a Lauralee Schnaare (Mother), ex-wife of Ronald Lynn Braddy (Father), appeals from the Judgment terminating child support for the parties' three children. On appeal, Mother argues the trial court erred in finding that: (1) no jurisdiction existed to modify the dissolution judgment because she did not file a motion to extend child support prior to J.L.B. and J.L.B (Twins) turning 22; (2) the Twins were emancipated by operation of law;...
GARY M. GAERTNER, JR., Judge. Introduction Temeshia Qualls (claimant), appeals from a decision by the Labor and Industrial Relations Commission (Commission) denying her unemployment benefits. We affirm. Background In March 2008, claimant began working part-time for Justine Petersen Housing & Reinvestment Corp. (employer). On February 1, 2009, claimant began working full-time as employer's development and communications manager. At this time, claimant's annual salary was $35,000. On April...
ROBERT G. DOWD, JR., Judge. Tamara Venz ("Claimant") appeals the decision of the Labor and Industrial Relations Commission ("the Commission") denying her unemployment benefits after she was terminated from Convergys Customer Management Group 1 ("Convergys"). Claimant argues the Commission erred in concluding that she committed misconduct because the Commission's decision (1) was contrary to the law in that it impermissibly put the burden on Claimant to prove her absences were not willful, and...
NANCY STEFFEN RAHMEYER, Presiding Judge. The Director of Revenue ("the Director") revoked the driver's license of Kirk Davis Douglas ("Respondent") for one year after he was arrested for driving while intoxicated. Respondent filed a petition for review with the trial court and, following a hearing, the trial court ordered the exclusion of testimony of the arresting Missouri State Highway Patrol Trooper as a sanction for the Trooper's failure to produce video and audio recordings of the...
WILLIAM W. FRANCIS, JR., Judge. Sandra Lee Kile ("Appellant") seeks review in this Court of an order denying her motions to void an emergency appointment of a temporary guardian and temporary conservator and to void appointment of the guardian and conservator. This Court dismisses the appeal as moot and lacking in case or controversary. Factual and Procedural History On March 1, 2006, the Public Administrator of Dade County, Missouri, Judy K. McGuire ("Respondent"), filed a "Petition for...
