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   State Courts - Missouri - January 23, 2007

  
Berger v. Cameron Mut. Ins. Co., WD 66196, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 23, 2007, Decided , January 23, 2007, Order Filed
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Burns v. State, WD 65487, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 23, 2007, Decided , January 23, 2007, Filed
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Burns v. State, WD 65490, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 23, 2007, Decided , January 23, 2007, Filed
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Burrows v. Union Pac. R.R. Co., No. ED87314, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, January 23, 2007, Filed
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Overview: A finding in favor of the employee in his actions against his employer and a railroad (defendants) was proper because the employee was entitled to introduce competent and relevant evidence showing the circumstances of the train accident. There was no error in admitting evidence about defendants' negligence when they had admitted liability.

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Caselman v. Caselman, WD 66727, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 23, 2007, Order Filed
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College of the Ozarks v. Wilson, WD 66229, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 23, 2007, Decided , January 23, 2007, Filed
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Crouppen v. Crouppen, No. ED88841, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, January 23, 2007, Opinion Filed
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Overview: An order denying a husband's motion to quash a subpoena in an action seeking to enforce the maintenance provisions of a divorce decree was not appealable under Mo. Rev. Stat. § 512.020 because this was not a special order after a final judgment, even though the underlying proceeding was an attempt to enforce a judgment.

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Dep't of Soc. Servs. v. Mellas, WD 66602, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 23, 2007, Filed
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Overview: Administrative Hearing Commission properly decided to mitigate sanctions against the physician for using the wrong code in billing for services to Medicaid patients because by paying the physician only when he used the wrong code, the Missouri Department of Social Services acted arbitrarily and capriciously.

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Downey v. McKee, WD65927, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 23, 2007, Opinion Filed
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Overview: Where an oral agreement was to build, own, and operate a golf course, statute of frauds, Mo. Rev. Stat. § 432.010, did not apply as there was no sale of land therefore, trial court erred in granting JNOV to one of partners after finding oral contract had violated statute of frauds as it was a contract made for sale of lands or an interest in them.

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Fox v. White, WD 66701, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 23, 2007, Decided , January 23, 2007, Filed
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Overview: Stepfather brought a pro se legal malpractice suit against stepson's attorney. Trial court properly dismissed suit because stepfather failed to show existence of attorney-client relationship between stepfather and attorney and stepfather failed to allege that attorney undertook performance of any action for any person other than stepson.

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