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   State Courts - Missouri - March 6, 2007

  
Abernathy v. Div. of Empl. Sec., WD 66776, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 6, 2007, Decided , March 6, 2007, Filed
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Barry, Inc. v. Falk, WD 67081, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 6, 2007, Filed
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Overview: Employer and insurer were properly denied declaratory judgment to declare rights under a worker's compensation award made under former Mo. Rev. Stat. § 287.240 (1978) because they did not timely appeal the award and their request to modify the award was an impermissible attempt to collaterally attack the award that provided for no cap in benefits.

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Bernhardt v. Howe-Bernhardt, WD 65670, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 6, 2007, Decided , March 6, 2007, Order Filed
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Brandes v. Corr. Med. Servs., No. ED89225, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, March 6, 2007, Filed
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Overview: Claimant's appeal of decision of the Missouri Labor and Industrial Relations Commission, disqualifying her from receiving unemployment benefits and waiting week credit, was dismissed for lack of jurisdiction under Mo. Rev. Stat. § 288.210, because her notice of appeal was untimely, as it was received five days after it was due.

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Buchanan v. State, No. ED89018, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, March 6, 2007, Filed
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Colmo v. Colmo, No. ED87962, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, March 6, 2007, Opinion Filed
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Overview: Appellate court reversed the portion of the judgment ordering the mother to pay for the costs of supervised visits between the father and the child, because the trial court took no evidence as to the respective ability of the parties to pay for the expenses, the reasonableness of the charges, or the continuing need for supervised visits.

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Cubit v. Accent Mktg. Servs., LLC., WD 66800, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 6, 2007, Filed
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Overview: Labor and industrial relations commission erred in finding employer met its burden of proving employee was discharged under Mo. Rev. Stat. § 288.050.2 for misconduct connected with her work; as factors leading to her tardiness were entirely outside of her own control, any violation or disregard of employer's rules and interests was not "willful."

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Culley v. Royal Oaks Chrysler Jeep, Inc., No. ED88528, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, March 6, 2007, Filed
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Overview: Claimant's appellate brief after denial of worker's compensation benefits was dismissed for violating Mo. Sup. Ct. R. 84.04(c), (d)(1), (d)(4), and (i); inter alia, appellate court could not decipher claimant's statement of facts to determine pertinent facts of appeal and points relied on did not identify rule of law that should have been applied.

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Daoukas v. City of St. Louis, No. ED87350, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, March 6, 2007, Opinion Filed
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Overview: Court did not err in denying city employee's motion for judgment notwithstanding verdict (JNOV) as he provided sole access to electrical cabinets and was responsible for determining how to de-energize them and testified he would not have dismantled system had he known contractor's employees did not know what he was doing, thus harm was foreseeable.

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Davis v. State, WD 66594, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 6, 2007, Decided , March 6, 2007, Order Filed
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