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   State Courts - Missouri - January 30, 2007

  
Cotton v. Flik Int'l Corp., No. ED88302, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, January 30, 2007, Filed
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Overview: Labor and Industrial Relations Commission erred in denying an employee's claim for unemployment benefits because there was no competent evidence to support a conclusion that his documented absences due to sickness, car trouble, and family emergency constituted "misconduct" as used in Mo. Rev. Stat. § 288.050.2.

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Davis v. State, WD 66315, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 30, 2007, Order Filed
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Flanigan v. Mo. Dep't of Corr., WD 66464, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 30, 2007, Filed
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Gruver v. Gill, No. ED88728, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, January 30, 2007, Filed
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Household Fin. Corp. III v. Jenkins, No. ED88143, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, January 30, 2007, Filed
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Overview: Following divorce, borrower and his wife defaulted on loan from financial corporation. Trial court properly denied borrower's motion to set aside earlier consent judgment, pursuant to Mo. Sup. Ct. R. 74.06, because borrower's attempt to set aside the judgment was an illegal collateral attack on a valid consent judgment.

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Johnson v. State, No. ED87666, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, January 30, 2007, Filed
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Kamler v. Kamler, No. ED87496, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, January 30, 2007, Filed
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Overview: The failure to define the father's visitation rights in the parties' dissolution action was improper because Mo. Rev. Stat. § 452.400.1(1) mandated that the trial court was to enter an order specifically detailing the visitation rights of the parent without physical custody rights to the children.

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Kinney v. Schneider Nat'l Carriers, Inc., WD66429 and WD66501, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 30, 2007, Opinion Filed
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Overview: In an injured driver's suit against an insurer after settling with the other driver's insurer, the trial court should not have granted the insurer's motion to dismiss because by failing to object to the lawsuit naming it as a party, the insurance company chose to intervene and therefore waived its further right to dismiss itself from the lawsuit.

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Luko v. Luko, No. ED87773, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, January 30, 2007, Filed
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McClendon v. State, No. ED87802, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, January 30, 2007, Filed
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Overview: In an attempted stealing case, the motion court erred in denying defendant's Mo. Sup. Ct. R. 29.15 motion without an evidentiary hearing on his claim that his trial counsel incorrectly advised him of the maximum sentence as his allegation that if he had known the maximum sentence he would have accepted the plea offer was not refuted by the record.

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