Philip M. Hess , Judge Introduction This appeal arises out of a claim for unemployment benefits filed by Michele Pinkowski (Claimant), which was contested by her employer, Washington University (Employer). After an initial determination that Claimant was not disqualified from receiving benefits, Employer filed a notice of appeal with the Appeals Tribunal, contesting the claim. The Appeals Tribunal found that Employer's appeal was not lawfully filed and dismissed the appeal without...
Karen King Mitchell , Presiding Judge Cletus Morton appeals the decision of the Circuit Court of Cole County, reversing the determination of the Administrative Hearing Commission (AHC) that Ellis McSwain, the appointing authority for the Division of Probation and Parole (Division), did not have cause to dismiss Morton from employment. We affirm the circuit court's judgment. Facts The Division, organized within the Department of Corrections (Department), is overseen by the Board of...
VICTOR C. HOWARD , JUDGE Janet and Gary Kottman appeal from the trial court's judgment against them on their claims against the Missouri State Fair and Terry Watson for negligence, negligence per se, respondeat superior, negligent entrustment, negligent hiring and retention, and loss of consortium arising from Ms. Kottman's fall from a tram at the Missouri State Fair in August 2008. At the close of the Kottmans' case-in-chief, Defendants filed a motion for directed verdict asserting that...
ROBERT G. DOWD, JR. , Judge Mark Demi ("Employee") appeals from the trial court's grant of summary judgment in favor of Sheehan Pipeline Construction Company, et al. ("Employer"). Employee argues the trial court erred in granting Employer's motion for summary judgment because: (1) it failed to make a finding that Employee's exercise of his rights under the Workers' Compensation Law was not a contributing factor in Employer's decision to terminate Employee, and (2) its finding the Employee...
Patricia L. Cohen , Presiding Judge Introduction The Firemen's Retirement System of St. Louis (FRS) appeals the trial court's judgment reversing the decision of the Board of Trustees of the Firemen's Retirement System (Board) to deny Mark Behan's application for accidental disability retirement benefits. On appeal, Mr. Behan claims that the trial court did not err in reversing the Board's decision because he filed his application for accidental disability retirement benefits within the...
Philip M. Hess , Judge Introduction In this dispute involving unpaid personal property taxes for tax years 2009 through 2011, Crown Diversified Holdings, LLC (Taxpayer) seeks a declaration that the State Tax Commission (STC) is required to apportion personal property taxes levied on its commercial aircraft, injunctive relief prohibiting the St. Louis County Assessor, Jake Zimmerman (County Assessor), from assessing personal property taxes in excess of the apportioned value of the...
ROBERT G. DOWD, JR. , Judge Travelers Commercial Casualty Company appeals from the judgment entered after a jury verdict awarding its insured, Vac-It-All, $8,000 in overpaid premiums on the parties' competing breach of contract claims. Vac-It-All cross-appeals seeking prejudgment interest on that award. We affirm the judgment on the jury's verdicts, but reverse and remand for the entry of prejudgment interest. 1 Travelers provided workers' compensation insurance for Vac-It-All. Travelers...
Lisa White Hardwick , Judge Amanda Pryor, as next friend for the four minor children of Zachary Snyder, appeals the circuit court's judgment dismissing her petition for a writ of mandamus against Douglas E. Nelson, the Commissioner of the Office of Administration of the State of Missouri, and Chris Koster, the Attorney General of the State of Missouri (collectively, "Respondents"). Pryor sought the writ to compel Respondents to issue checks from the State Legal Expense Fund ("the Fund") to...
Philip M. Hess , Presiding Judge Introduction Christopher Sandknop (Relator) filed a petition seeking a writ of mandamus compelling the Honorable Steven Goldman (Respondent) to immediately release Relator on probation pursuant to 217.362 RSMo Supp.2004. Because 217.362 requires a circuit court, upon a chronic offender's successful completion of a long-term treatment program, to either immediately release the offender on probation or alternatively execute the offender's sentence, and...
ROY L. RICHTER , Judge Matthew Vacca ("Husband") and Rita Vacca ("Wife") both appeal from the trial court's Judgment/Order and Decree of Dissolution. We reverse and remand. I. Background Husband and Wife met in law school in 1988 and were married in 1992. Their sole child, Daughter, was born in 1995, and since 2012 has been a student at the University of Missouri-Columbia. Husband has been on disability since 2011. Wife filed for dissolution of marriage on February 10, 2011, and...
DANIEL E. SCOTT , J. Citing 70-17 of the city's sign code, Branson's Board of Adjustment denied Cushman's request to upgrade a backlit billboard to a digital sign face. Upon judicial review, the circuit court reversed and ordered the Board to grant the request. The Board appeals. 1 We affirm the circuit court's judgment in Cushman's favor. Background Relevant facts are not in dispute. Branson adopted a sign code ("Code") that restricted "off-premise" signs; i.e., those promoting...
Karen King Mitchell , Presiding Judge . Following her disbarment, Gwendolyn Caranchini was provided the opportunity for reinstatement of her license to practice law, a condition of which was that she pass the Missouri Bar Examination. Having failed to pass the Missouri Bar Examination on multiple occasions, Caranchini filed suit against the Missouri Board of Law Examiners (Board) in the Circuit Court of Jackson County, purportedly under section 536.150 1 and Article V, section 18 of the...
Nancy Steffen Rahmeyer , J. James Richard Collins ("Movant"), a prior and persistent felon, entered an Alford 1 plea to the class C felony of domestic assault in the second degree, a violation of section 565.073. 2 Pursuant to a plea agreement, Movant was sentenced to six years imprisonment and a pending burglary charge was dismissed. Movant thereafter filed a pro se motion for post-conviction relief under Rule 24.035, which was later amended. Following an evidentiary hearing, the...
Anthony Rex Gabbert , Judge . James L. Marquis appeals the circuit court's judgment finding him guilty of three counts of possession of child pornography, one count of child abuse, and one count of endangering the welfare of a child. Marquis raises three points on appeal. First, Marquis argues that the circuit court erred in overruling his motion for a JNOV or for a new trial because there was insufficient evidence on the record to support the convictions. Second, Marquis argues that the...
Philip M. Hess , Judge . Introduction David Evans (Plaintiff) appeals the trial court's judgment dismissing his first amended petition for damages against Panera, LLC (Defendant) for failure to state a claim upon which relief can be granted. Plaintiff contends that the trial court improperly dismissed his amended petition because his right to recover unpaid commissions from Defendant as compensation for his services was not barred by the written agreement requirement pursuant to 375.116....
Kurt S. Odenwald , Presiding Judge . Introduction Appellants Martin C. Heck, Jr. and Victoria Heck ("the Hecks") appeal from the judgment of the Circuit Court of Franklin County affirming the decision of the City of Pacific Board of Zoning Adjustment ("the BZA"). The Hecks sought a variance from the City of Pacific Ordinance Section 400.240(D)(3) ("Section 400.240(D)(3)"), which prohibits the placement of a new manufactured home 1 in an existing manufactured home park unless the new...
ROBERT M. CLAYTON III , Judge Joseph ("Joe") McCary and John Micheal ("Mike") McCary (collectively "Appellants") appeal the grant of summary judgment in favor of David W. Terry and Fellows, Blake & Terry, L.L.C. (collectively "Terry" 1 ) and the grant of summary judgment in favor of Kathleen Schiller and Jacquelyn Highfill on Appellants' cross-claims. We affirm the grant of summary judgment to Terry for Appellant's breach of fiduciary duty and legal malpractice claims, affirm the grant of...
Joseph M. Ellis , Judge . Appellant Cindy Hudson appeals from the Circuit Court of Cole County's grant of summary judgment in favor of Respondents Kimberly O'Brien and Debra Cheshier. 1 Appellant contends that the trial court erred in granting summary judgment because it construed 105.055 2 too narrowly in concluding that her disclosures to Respondents did not constitute "whistleblowing" as a matter of law. For the following reasons, the judgment is affirmed in part and reversed and...
Kurt S. Odenwald , Presiding Judge . Introduction Appellant Allison Sunshine ("Sunshine") appeals from the judgment of the trial court granting Respondent Ericka Winchester's ("Winchester") motion for a new trial on the issue of damages only. Winchester brought suit against Sunshine, Respondent George Johnson ("Johnson"), and Respondent Paul Achenbach ("Achenbach") for damages resulting from a car accident. A jury returned verdicts in favor of Johnson and Achenbach, finding each zero...
PHILIP M. HESS , Judge . Introduction In this declaratory judgment action, Debra Pauli and Steven Spicer (Plaintiffs) seek to set aside as null and void the St. Louis Circuit Court's January 22, 2008 judgment (2008 judgment), which effectively quieted title to certain real property in Gwen Spicer (Defendant). 1 After a bench trial, the trial court entered a judgment in favor of Defendant, which denied Plaintiffs the declaratory relief requested and had the effect of making the 2008...
