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| Huskey v. Dir. of Revenue, No. 26855,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, February 15, 2006, Filed
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Overview: An Alcohol Influence Report was undisputed evidence of the elements required for revocation of petitioner's driving privilege; thus, judgment setting aside the revocation of petitioner's driving privilege for failure to submit to a chemical test as required by Mo. Rev. Stat. § 577.041 (2000) was reversed.
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| In the Estate of Guevara, No. 26797,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, February 15, 2006, Filed
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Overview: Trial court did not err when it removed couple as guardians pursuant to Mo. Rev. Stat. §§ 475.110 and 473.140 and appointed biological mother's guardians, as successor guardians; couple made a concerted effort to hinder relationship between the children and mother, despite fact that the children loved their mother and wanted to spend time with her.
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| Laws v. State, No. 26894,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, February 15, 2006, Filed
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Overview: Court's decision to not invoke the escape rule to deny a direct appeal was not same issue as whether motion court should invoke rule to deny movant the right to Mo. Sup. Ct. R. 29.15 post-conviction relief; where latter issue was never addressed by court on direct appeal, there was no law of the case to bar motion court's application of the rule.
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| Golden Valley Disposal, LLC v. Jenkins Diesel Power, Inc., No. 27112,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, February 17, 2006, Filed
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Overview: Appellate court held that a dismissal by the trial court must be modified to reflect that it was a dismissal without prejudice under Mo. Sup. Ct. R. 55.27(a)(9), because plaintiff's first action against defendants alleging the same cause of action never reached a final judgment; thus, res judicata did not apply.
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