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| Hudson v. Dir. of Revenue, WD 65912,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 6, 2007, Opinion Filed
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Overview: Director of Revenue properly suspended respondent's vehicle registration for submitting false proof of insurance under Mo. Rev. Stat. § 303.042.4 because, even though respondent might have been "scammed" in purchase of insurance, legislature did not intend to include a knowledge or mental requirement to the provision and strict liability applied.
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| In the Interest of A.S.W., No. ED88382,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, March 6, 2007, Filed
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Overview: T.M.E. court's retroactive application of Mo. Rev. Stat. § 211.038 was correct and in instant case court properly applied § 211.038 retroactively in denying the father's motion to modify custody but, because of general interest and importance as to whether § 211.038 applied retroactively, appellate court transferred case to Missouri Supreme Court.
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| In the Interest of B.T., No. ED88445,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, March 6, 2007, Filed
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Overview: Termination of parental rights under Mo. Rev. Stat. § 211.447.4(1), (2), and (3) was affirmed because the mother refused custody of the child when he was released from a behavioral facility, the mother visited the child only infrequently, and the mother was unable to care for the child after exhausting available social services.
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| LPP Mortg., Ltd. v. Marcin, Inc., WD66551,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 6, 2007, Filed
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Overview: Judgment in favor of appellee mortgagees' on prima facie tort claim was reversed; they failed to prove appellant had no sufficient justification for publishing notice of foreclosure. Mortgagees were in default on notes, appellant was entitled to foreclose on property, and notice conformed with statutory requirements, Mo. Rev. Stat. §§ 443.310-.320.
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| Loveall v. State, No. 27617,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, March 6, 2007, Filed
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Overview: Postconviction motion under Mo. Sup. Ct. R. 29.15 was properly denied because movant's 56-day escape prior to sentencing permitted application of the escape rule where the evidence was sufficient to show his efforts were to thwart justice in that by obtaining false identification, his absence was intentional with knowledge that he was a fugitive.
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| Margulis, Grant & Margulis, P.C. v. Bar Plan Mut. Ins. Co., No. ED88444,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, March 6, 2007, Filed
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| Minor v. Rush, WD 65439,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 6, 2007, Filed
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Overview: In the farm buyers' breach of contract suit arising from the sellers refusal to deliver a warranty deed on their farm after determining that liens on the farm exceeded their proceeds of the sale, the trial court properly ordered specific performance of the contract as the contingency that led to the sellers' refusal was not unforeseeable.
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| Oetting v. Lewis, Rice, & Fingersh, L.C., No. ED88806,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, March 6, 2007, Filed
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| Payne v. State, No. ED88336,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, March 6, 2007, Filed
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