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   State Courts - Missouri - January 9, 2007

  
Mitchell v. State, WD 65309, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 9, 2007, Order Filed
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Muehlheausler v. City of St. Louis, No. ED87998, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, January 9, 2007, Filed
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Overview: A grant of summary judgment in favor of an employer, a city, in the employee's action alleging that he was entitled to additional compensation from an alleged temporary promotion was inappropriate because there existed a genuine issue as to whether the employee was temporarily promoted by the appointing authority.

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Newsham v. St. Louis Christian Ctr. Church, No. ED87972, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, January 9, 2007, Filed
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O'Dell v. Mefford, WD 66266, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 9, 2007, Order Filed
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Overview: Quieting title in the sister's favor, ejecting the claimant and her daughter from the property was affirmed because the trial court found that the claimant did not satisfy her burden of proving, by clear and convincing evidence, that she had taken possession of and asserted control over the property at issue.

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Paul v. State, DOCKET No. WD 66449, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 9, 2007, Decided , January 9, 2007, Filed
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Perkins v. Dean Mach. Co., WD 66606, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 9, 2007, Filed
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Robinson v. State, No. ED87584, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, January 9, 2007, Filed
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Overview: The motion court lacked jurisdiction to entertain a motion to re-open the movant's Mo. Sup. Ct. R. 29.15 proceedings beyond the thirty-day limit. Movant's claim that post-conviction counsel failed to present certain evidence at the evidentiary hearing was not within the category of claims recognized as "abandonment" of counsel.

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Russell v. Russell, No. SC87917, SUPREME COURT OF MISSOURI, January 9, 2007, Filed
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Overview: The requirement that a change be substantial for modification of child custody was not appropriate where simple shifts in parenting time were at issue, Mo. Rev. Stat. § 452.410, because courts should not require a substantial change from circumstances of an original judgment where there was simply rearrangement in a joint physical custody schedule.

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Schoemehl v. Treasurer of State, No. SC87750, SUPREME COURT OF MISSOURI, January 9, 2007, Filed
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Overview: In workers' compensation dispute over permanent total disability benefits, decedent suffered a work-related injury before decedent's death, which was not work related. Decedent's survivor was entitled to permanent total disability benefits because under Mo. Rev. Stat. § 287.230.2, survivor was considered an employee after decedent's death.

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Smith v. State, No. ED87602, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, January 9, 2007, Order Filed
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