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   State Courts - Missouri - January 9, 2007

  
Akers v. Scrivener, DOCKET NUMBER WD 66249, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 9, 2007, Opinion Filed
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Brown v. Ameristar Casino Kan. City, Inc., WD 66679, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 9, 2007, Filed
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Overview: Given the failure of a pro se claimant, who was challenging a decision regarding his ineligibility for unemployment benefits, to substantially comply with Mo. Sup. Ct. R. 84.04's briefing requirements, the appellate court was compelled to dismiss his appeal since the court could not conduct a review of his case without becoming an advocate for him.

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Brown v. State, No. ED86981, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, January 9, 2007, Filed
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Calcara v. PPG Indus., WD66954, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 9, 2007, Opinion Filed
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Overview: In a workers' compensation matter, Missouri Labor and Industrial Relations Commission erroneously dismissed, pursuant to Mo. Rev. Stat. § 287.610.6, a company's application for review of an award to the worker as untimely because the application was timely filed within 20 days after award.

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Davis v. Schmidt, WD 65517 (Consolidated No. WD 66039), COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 9, 2007, Filed
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Overview: In a dissolution/child custody proceeding, the trial court's custody award and parenting plan were both reversed because the trial court failed to make the written findings required under Mo. Rev. Stat. §§ 452.375 and 452.310, respectively, which were necessary for appellate review of the orders.

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Desselle v. Complete Home Concepts, Inc., WD 66329, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 9, 2007, Filed
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Overview: New trial was not warranted where a judgment was entered for a fireplace installer in a negligence action because the judgment did not have to be supported by any evidence; expert testimony offered by homeowners regarding installation failures and a manufacturer's instructions were not conclusive as to whether the installer's actions caused a fire.

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Dreppard v. Dreppard, No. ED88587, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, January 9, 2007, Filed
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Overview: Husband's appeal of trial court's denial of his motion to disqualify a GAL was dismissed as certification under Mo. Sup. Ct. R. 74.01(b) was improper; court's judgment failed to resolve a distinct judicial unit as judgment in question did not finally dispose of even one claim in the modification proceeding, but was a ruling on an ancillary issue.

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Dressel v. Dressel, No. ED87312, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, January 9, 2007, Filed
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Overview: Appeal was dismissed because a claimant's brief failed to comply with the requirements of Mo. Sup. Ct. R. 84.04, when the argument portion of the claimant's brief was devoid of any reference to the record on appeal, and the appellate court was unable to decipher the claimant's statement of facts to determine the pertinent facts of the appeal.

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Fritz v. Jackson County, WD 66834, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 9, 2007, Order Filed
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Garas v. Kelly Servs., No. ED88333, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, January 9, 2007, Filed
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Overview: Missouri Labor and Industrial Relations Commission erred in finding claimant disqualified from unemployment benefits under Mo. Rev. Stat. § 288.050.1(3) on ground that she failed to accept suitable work offered by former employer where there was not offer of work made by staffing agency, but only offer to submit her resume for potential assignment.

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