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   State Courts - Missouri - January 24, 2006

  
Alberswerth v. Alberswerth, WD65322, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 24, 2006, Opinion Filed
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Overview: Modification of a judgment decree of dissolution of marriage was improper where the trial court's findings concerning the modification of child custody failed to comply with Mo. Rev. Stat. § 452.375.6 and did not allow for meaningful review. There was no indication that it was in the children's best interests that custody be awarded to the husband.

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Byrd v. Wilson Trust, WD 64628, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 24, 2006, Opinion Filed
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Overview: In a real estate seller's breach of contract suit against a trust when the trust's property was destroyed by fire before the closing of the property's sale, summary judgment in favor of the trust was error as the seller was entitled to his commission at the point in time when he produced a buyer ready, willing, and able to purchase property.

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Client Servs. v. City of St. Charles, No. ED85579, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, January 24, 2006, Filed
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Overview: Appellate court affirmed the grant of summary judgment in favor of a city and the revocation of its offer to enter into a purchase and sale agreement with the company because even though the authorization to enter into a contract with the company was done by ordinance, the revocation of the offer did not require legislative action.

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Couch v. State, No. ED85702, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, January 24, 2006, Filed
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E.W. v. Kan. City Mo. Sch. Dist., WD 64943, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 24, 2006, Order Filed
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Eime v. Bradford, No. ED86083, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, January 24, 2006, Filed
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Overview: Appellate court reversed the trial court's finding that plaintiff was the owner of disputed strip of land as there was no evidence that plaintiff's possession of the land had been open and notorious. Thus, the appellate court also reversed the award of damages pursuant to Mo. Rev. Stat. § 537.340 as there had been no trespass.

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Global Rug Corp. v. Fid. & Guar. Ins. Underwriters, Inc., No. ED86239, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, January 24, 2006, Filed
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Griffin v. Hughey, No. ED85642, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, SOUTHERN DIVISION, January 24, 2006, Filed
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In the Interest of D.D.D. v. Juvenile Officer, WD 64680, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 24, 2006
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JTL Consulting, L.L.C. v. Shanahan, Nos. ED85578 & ED86054, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, January 24, 2006, Filed
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Overview: A grant of summary judgment in favor against a consulting company and its client in their action for breaches of customer non-solicitation clauses was proper where the company did not have a protectable interest in the customers of the client. Thus, it could not enforce a covenant not to solicit the client's customers against a former member.

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