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| Allee v. Sigears Estate, WD 64980,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 31, 2006, Opinion Filed
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Overview: A finding against children of the decedent in their action for undue influence and lack of mental capacity was proper pursuant to Mo. Rev. Stat. § 475.078.3 where the fact that the decedent was incapacitated and disabled did not give rise to a presumption that she was mentally incapable of executing a will three months prior to that determination.
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| Bearce v. Lewey, WD 64712,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 31, 2006, Filed
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Overview: Trial court had discretion under Mo. Sup. Ct. R. 88.01 and Mo. Rev. Stat. § 452.340 to deviate from presumed correct child support amount (PCSA) but rebuttal of PCSA merely on basis of father's enhanced ability to pay without evidence that children's needs exceeded PCSA was improper; thus, case was remanded for consideration of additional evidence.
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| Cole v. Ferrell-Duncan Clinic, No. 26731,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, January 31, 2006, Filed
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Overview: In a patient's suit against a health care clinic alleging a doctor failed to order certain tests for prostate cancer detection, the "continuing care" exception under Mo. Rev. Stat. § 516.105 applied as the treatment was periodic, continuing prostate examination, the clinic had a duty of continuing care, and it was treatment essential to recovery.
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| Cowger v. Livingston, WD 65369,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 31, 2006, Opinion Filed
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Overview: Father's appeal from the trial court's vacation of its earlier judgment regarding child support was dismissed for lack of jurisdiction as the trial court properly exercised its discretion under Mo. Sup. Ct. R. 75.01 where the judgment was set aside within the 30-day period during which it retained control over the judgment, and good cause existed.
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| Dhyne v. State Farm Fire & Cas. Co., No. SC87032,
SUPREME COURT OF MISSOURI, January 31, 2006, Filed
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Overview: Circuit court properly found in favor of an insured in her action for damages and attorney's fees under Mo. Rev. Stat. § 375.420 (2000) because evidence showed that insurer hindered insured's efforts to recover on her policy and willfully and without reasonable cause refused to pay on the insured's claim.
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| In re B.D.W., No. 27007,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, January 31, 2006, Filed
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Overview: The termination of the mother's parental rights was proper pursuant to Mo. Rev. Stat. § 211.447.4 where the evidence of the intentional choice by the mother of her involvement with an unsuitable husband and father, rather than choosing to parent her child, was sufficient evidence of neglect.
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| Meuir v. State, No. 26931,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, January 31, 2006, Filed
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Overview: In an armed criminal action case, denial of defendant's Mo. Sup. Ct. R. 29.15 motion for ineffective assistance of counsel was proper as his accomplice's comment regarding his "priors" did not establish prejudice; there was not a reasonable probability that the outcome of the trial would have been different had the comment been stricken.
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| Rubio v. Home Depot, U.S.A., Inc., WD 65157,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 31, 2006, Opinion Filed
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Overview: In a negligence and loss of consortium suit brought by alleged injured party and his wife against store, trial court erred in finding injured party was statutory employee because record did not show that activities performed by injured party was in the store's "usual business," as that term was used in Mo. Rev. Stat. § 287.040.
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| State ex rel. Lebanon Sch. Dist. R-III v. Winfrey, SC86873,
SUPREME COURT OF MISSOURI, January 31, 2006, Filed
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Overview: Judge did not exceed his jurisdiction in granting a student's motion for change of venue from the county where she filed the action because that county had fewer than 75,000 inhabitants, and such a transfer was permitted by Mo. Sup. Ct. R. 51.03; thus, the preliminary writ was quashed in the original proceeding in prohibition.
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