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   State Courts - Missouri - March 6, 2007

  
Fick v. Dir. of Revenue, WD 66360, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 6, 2007, Opinion Filed
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Overview: Driver's license was properly reinstated because Director of Revenue failed to make a prima face under Mo. Rev. Stat. § 577.041.4 for revocation by showing that there was reasonable grounds to arrest respondent for DWI in that officer tested only one eye, no clear evidence of alcohol was at accident scene, and his face was covered by oxygen mask.

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Garza v. Valley Crest Landscape Maint., Inc., No. ED88431, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, March 6, 2007, Filed
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Overview: Dismissal of appellants' negligence claims was affirmed because the allegations concerning failure to provide a safe work environment in cutting the tree limb did not meet the requirement of purposeful, affirmatively dangerous conduct, to move the action outside the protection of the workers' compensation law's exclusive remedy provisions.

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Gibbs v. Gibbs, No. ED87971, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, March 6, 2007, Filed
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Glover v. State, No. 27441, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, March 6, 2007, Filed
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Overview: Movant's unsigned pro se motion for postconviction relief met all of the definitional requirements under Mo. Sup. Ct. R. 29.15(d) to invoke the jurisdiction of the trial court to hear and decide his motion where the failure to comply with procedural signature requirements of Mo. Sup. Ct. R. 55.03(a) was timely remedied under that rule.

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Glover v. State, No. 27441, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, March 6, 2007, Decided , March 6, 2007, Filed
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Gordon v. Mo. Bd. of Prob. & Parole, WD67057, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 6, 2007, Decided , March 6, 2007, Order Filed
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Griffin v. Div. of Empl. Sec., No. ED89226, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, March 6, 2007, Filed
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Overview: Where claimant failed to comply with the thirty-day time limit set forth in Mo. Rev. Stat. § 288.200.1 for seeking review of the decision that he had been overpaid unemployment benefits, the Missouri Labor and Industrial Relations Commission had no jurisdiction over the matter.

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Gruver v. Gill, No. ED88728, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, March 6, 2007, Filed
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Hoberock v. Hoberock (In re Hoberock), No. ED87537, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, March 6, 2007, Filed
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Huber v. Wells Fargo Home Mortg., Inc., No. ED88183, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, March 6, 2007, Opinion Filed
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Overview: Homeowners were entitled to statutory damages as a matter of law against the mortgage company because the mortgage company failed to physically deliver a copy of the deed of release to the homeowners, when the mortgage company had an obligation to provide the homeowners with the deed as required by Mo. Rev. Stat. § 443.130.1.

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