Sherri B. Sullivan , P.J. Introduction Sherry Yihui Weng (Appellant) appeals from the trial court's summary judgment entered in favor of Washington University (Respondent) on her five-count petition. We affirm. Factual and Procedural Background From January 3, 2010 to January 31, 2012, Appellant was employed by Respondent in its School of Medicine, Department of Anesthesiology, as a research biologist in the laboratory of Dr. Zhou-Feng Chen (Dr. Chen). After the cessation of her...
KURT S. ODENWALD , Judge . Introduction Carlos Jones ("Jones") appeals the trial court's grant of summary judgment for respondents Galaxy 1 Marketing, Inc., Lawrence Eckert, and Tyrone Janota (referred to collectively as "Galaxy"). On appeal, Jones argues that the trial court erred in granting summary judgment on three separate counts. Jones contends the trial court erred in granting summary judgment on his claim for wrongful discharge (Count I); on his claim of discrimination asserted...
James Edward Welsh , Judge . Lester M. Dean appeals the circuit court's dismissal of his petition against Richard W. Noble, ARN, L.L.C., and Wilanna R. Kiefer (collectively, "the Respondents") for fraud and related claims. Finding that Dean's claims are barred by the statute of limitations, we affirm. Background 1 In 1989, Lester Dean and three others, Don Maddux, Louis Steele, and Douglas Patterson, formed Royal Main Partners, LP ("the Partnership") in order to acquire and develop...
DON E. BURRELL , P.J. Appellant Daniel A. Perren and Respondent Steven E. Perren are brothers. 1 The two have a "strained" relationship, and there have been "all kinds of ex partes and fights and quarrels between" them. 2 One of those fights resulted in a bench trial on Steven's petition for an order of protection. The trial court found that Steven had "proven allegations of domestic violence and/or stalking against" Daniel, and it entered a full order of protection that ordered Daniel...
Alok Ahuja , Chief Judge . On August 21, 2013, Cynthia Knight filed a Claim for Compensation with the Department of Labor and Industrial Relations' Division of Workers' Compensation. Knight's workers' compensation claim related to an injury she suffered on January 13, 2009, during her employment with Respondent Con-Agra Foods, Inc. The Labor and Industrial Relations Commission dismissed Knight's claim as untimely on two grounds. Knight appeals. Because she challenges only one of the two...
Cynthia L. Martin , Judge . R.M.A., through his next friend, appeals from the trial court's denial of a petition seeking a writ of mandamus. Because R.M.A's recourse from denial of the petition was to file the writ in a higher court, the appeal is dismissed. Factual and Procedural Background On July 23, 2014, R.M.A., through his next friend, filed a petition for a writ of mandamus ("Petition") with the Circuit Court of Jackson County. The Petition alleged that the Blue Springs R-IV School...
Philip M. Hess , Presiding Judge . Introduction Fred Silver (Movant) appeals the judgment of the Circuit Court of the City of St. Louis denying his Rule 29.15 motion for post-conviction relief without an evidentiary hearing. In his sole point relied on, Movant claims that the motion court clearly erred by denying his motion without an evidentiary hearing because he alleged facts not refuted by the record that his trial counsel was ineffective for improperly advising Movant that his...
PER CURIAM . Allen Killian filed a petition "pursuant to Section 589.400(7)" to remove his name from Missouri's sex offender registry. 1 The local prosecutor, notified per 589.400.9, offered no objection. After a brief hearing at which only Killian and his attorney appeared, the trial court entered an order in Killian's favor. Shortly thereafter, the Missouri State Highway Patrol (MSHP) "and the State of Missouri, through the Attorney General's Office" moved to intervene as a matter of...
Cynthia L. Martin , Judge James Price Schumacher 1 ("James") and Cindy Sue Davis ("Davis") appeal the trial court's entry of summary judgment on counterclaims they asserted. James and Davis argue that the trial court erred in granting summary judgment because (1) the counterclaims were not barred by res judicata or collateral estoppel; (2) the counterclaims were not asserted against improper parties; and (3) summary judgment was granted after the counterclaims had been amended. Finding no...
JEFFREY W. BATES , J. Charles and Lisa Earls (hereinafter referred to individually by their first names and collectively as the Earls) appeal from a judgment confirming an arbitration award in their favor against Northpointe Development Company, LLC (Northpointe). The trial court registered the judgment with limiting language that purported to prevent the judgment from acting as a lien on real estate. Presenting two points on appeal, the Earls contend the trial court erred by registering...
Nancy Steffen Rahmeyer , J. Philip Berger ("Claimant") appeals from a decision by the Labor and Industrial Relations Commission (the "Commission") concluding that he is disqualified for unemployment insurance benefits following his separation from employment with Scroll Compressors, LLC ("Employer"). In a single point, Claimant contends that the Commission erred in ruling that he "voluntarily" left his employment. Using our standard of review, we reject Claimant's point and affirm the...
Lisa White Hardwick , Judge Farmers State Bank, S/B ("Bank") appeals from a judgment awarding actual and punitive damages to Derrick DeLaRosa and the Estate of Phyllis DeLaRosa (collectively "DeLaRosa") on their conversion claim against the Bank. The Bank contends the circuit court erred in instructing the jury on the conversion claim and in submitting the claim for punitive damages. For the reasons explained herein, we find no error and affirm the judgment. FACTUAL AND PROCEDURAL HISTORY...
Gary M. Gaertner, Jr. , Judge . Introduction Patrick Woodling (Woodling) appeals the trial court's summary judgment in favor of Gregory and Adrienne Polk (collectively, the Polks). Woodling sued for declaratory judgment and permanent injunction regarding a strip of land on the Polks' property over which Woodling claimed he had an easement. Woodling also appeals the trial court's dismissal of his trespass claim. We affirm. Background In 2004, Post Valley, LLC, d/b/a Merdinian Homes (...
DON E. BURRELL , P.J. This appeal requires us to construe the provisions of a lease agreement ("the Lease") between Plaintiff Morris Branson Theatre, LLC ("Landlord") and Defendants Cindy Lee, LLC ("Tenant") and Tenant's president, David L. Goode. 1 The Lease, executed on September 30, 2011, stated that Tenant would lease certain retail space from Landlord (designated therein as the "Premises") for a stated term of three years. After execution of the Lease, Tenant utilized the Premises,...
Karen King Mitchell , Presiding Judge . Derek Masters appeals the trial court's grant of the Department of Corrections's motion for judgment on the pleadings on his petition for declaratory judgment. Masters sought a declaration that he was entitled to a sentence under 559.115 1 (120-day shock incarceration, recommended by the court) and that the Department misinterpreted the statute in determining that Masters was ineligible for the sentence. We reverse the court's grant of the...
ROY L. RICHTER , Judge . Arnold Crossroads, LLC ("Appellant") appeals from the trial court's dismissal with prejudice of Appellant's claim against Gander Mountain Co. ("Respondent") for failure to pay rent under a lease agreement. We reverse and remand. I. Background Appellant owns a shopping center in Jefferson County, and this dispute arose over Respondent's failure to pay rent under a lease agreement ("the Lease") dated January 29, 2008. The disputed portion of the Lease contains a...
Sherri B. Sullivan , P.J. Introduction Charles Kennebrew, Sr. (Kennebrew) appeals from the trial court's October 10, 2013 Summary Judgment in favor of Whelan Security Co. (Whelan) on its claims that Kennebrew breached the customer non-solicitation clause and the 50-mile non-competition clause in his employment agreement (Agreement). Whelan appeals from the trial court's June 26, 2014 Order and Judgment awarding it, in part, $165,000 in attorney's fees. We reverse and remand. Factual and...
KURT S. ODENWALD , Judge . Introduction Appellants Norman and Terri Hopfer (collectively referred to as "Hopfer") appeal from the judgment of the trial court denying Hopfer's motion for new trial, following a jury verdict in favor of Respondent Neenah Foundry Company ("Neenah"). Norman Hopfer suffered injuries when he lost control of his pickup truck after driving over an open drainage inlet. At least one of the grates covering the inlet had become dislodged. Hopfer filed suit against...
MARY W. SHEFFIELD , C.J. The Director of Revenue of the State of Missouri ("Director") appeals from the trial court's purported September 23, 2014 judgment granting the petition of John Steven List ("Driver") to reinstate his driver's license following an administrative revocation for failing to submit to a breathalyzer test. We cannot reach the merits of Director's claim because the trial court had no authority to enter the purported September 23, 2014 judgment as a prior judgment entered...
ROY L. RICHTER , Judge . Sid Harvey Industries, Inc. ("Appellant") appeals from the trial court's judgment following a jury trial finding Appellant liable for negligent failure to warn Lawrence Foreman ("Respondent") of asbestos-related dangers contained in products Appellant delivered, which were a substantial factor in Respondent developing mesothelioma. We affirm. I. Background Respondent worked as a steamfitter from 1958 until 1983, primarily at industrial and commercial construction...
