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State Courts -
Missouri - February 6, 2007
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Aldein v. Asfoor, No. ED88385,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, February 6, 2007, Filed
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Overview: Where defendants, an out of state corporation and its president, purchased automobiles in Missouri through plaintiff car dealer, acting as defendants' agent, and defendants allegedly failed to honor a contract related to the purchase of those automobiles, the trial court erred in determining it did not have personal jurisdiction over defendants.
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Dodson v. City of Wentzville, No. ED87249,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, February 6, 2007, Opinion Filed
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Overview: Where a city sought a "flag annexation" of a strip of land to connect the city with a tract on the other side of the property owner's property, the attempted annexation did not meet the test of compactness under Mo. Rev. Stat. § 71.014, because, inter alia, the city and the annexed area would not be one closely-grouped, solid tract of land.
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Franklin v. Franklin, No. ED87422,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, February 6, 2007, Decided , February 6, 2007, Filed
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Overview: Court properly considered a husband's misconduct as a factor in property division, Mo. Rev. Stat. § 452.330.1, because the husband spent $ 17,500 cash on a new car a few months after the foreclosure on the marital residence, and he set aside $ 24,000 cash as escrow for the purchase of a house for himself after his eviction proceedings.
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Mallek v. First Banc Insurors Agency, No. ED88567,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, February 6, 2007, Filed
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Overview: Trial court erred in granting an insurer summary judgment based upon limitations because there were genuine issues of material fact concerning when the insured discovered, or in the exercise of reasonable diligence, should have discovered, the insurer's fraud so as to commence the running of Mo. Rev. Stat. § 516.120(5).
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