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   State Courts - Missouri - January 23, 2007

  
Kern v. Dumas, No. ED87645, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, January 23, 2007, Filed
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Lane v. Dir. of Revenue, No. ED87869, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, January 23, 2007, Filed
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Overview: In suspension of driver's privileges, trial court erred in reinstating privileges solely on basis that arresting officer did not personally serve driver with notice of suspension because the Missouri Suspension and Revocation Administrative Procedure Act, Mo. Rev. Stat. §§ 302.500 through 302.541, allowed notice of suspension's service by mail.

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McFatrich v. McFatrich, WD 66628, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 23, 2007, Order Filed
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McKinney v. O'Hare, No. ED86063, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, January 23, 2007, Filed
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McMorris v. State, No. ED87014, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, January 23, 2007, Filed
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Mitchem v. State, WD 66344, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 23, 2007, Opinion Filed
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PDQ Tower Servs. v. Adams, WD66231, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 23, 2007, Decided , January 23, 2007, Opinion Filed
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Overview: A trial court erred by awarding a commercial tenant double the security deposit under Mo. Rev. Stat. § 535.300.5 when two landlords wrongfully withheld the deposit at the end of a lease because this remedy only applied to residential tenants.

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Patterson v. Patterson, WD 66409, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 23, 2007, Decided , January 23, 2007, Filed
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Overview: In child custody dispute, trial court properly applied factors set forth in Mo. Rev. Stat. § 452.375.2 to find mother should have legal and physical custody of children because, inter alia, communication between parties was poor and father had outbursts and made threats. Nevertheless, trial court incorrectly calculated child support arrearage.

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State v. Aaron, WD 65362, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 23, 2007, Filed
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Overview: Testimony a deceased witness gave at preliminary hearing was properly admitted into evidence during defendant's trial because the witness was subjected to cross-examination at hearing; fact that testimony was offered for different purposes at hearing and at trial did not render testimony inadmissible.

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State v. Beard, No. ED86941, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, January 23, 2007, Filed
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