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| Arch v. Dir. of Revenue, No. ED86075,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, March 21, 2006, Filed
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Overview: There was sufficient evidence to establish probable cause to arrest a driver for driving while intoxicated, including the fact that his vehicle was weaving, his breath smelled like alcohol, he had bloodshot eyes and slurred speech, and he failed field sobriety tests; thus, the trial court erred in ordering his driving privileges reinstated.
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| Bolden v. State, Nos. ED85912 & ED86087,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, March 21, 2006, Decided , March 21, 2006, Opinion Filed
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| Bruns v. Bruns, WD 64741,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 21, 2006, Opinion Filed
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Overview: Trial court properly awarded a father attorney fees as per Mo. Rev. Stat. § 452.335.2 in his contempt action for the mother's failure to sign tax documents as per the marital settlement and separation agreement as the trial court was entitled to believe the father's testimony that the mother was sent letters requesting that she sign the documents.
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| Cooper v. Holden, WD 65674,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 21, 2006, Decided , March 21, 2006, Opinion Filed
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Overview: Inmate could not be awarded "good time" credit because the inmate was serving a life sentence for murder in the second degree and did not have a conditional release date, as the inmate was not eligible for conditional release and no conditional release term had been determined, but instead the Parole Board granted the inmate a parole date.
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| Dennis v. H & K Mach. Serv. Co., No. ED85788,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, March 21, 2006, Decided , March 21, 2006, Opinion Filed
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Overview: Where the Missouri Labor and Industrial Relations Commission converted an administrative law judge's final award of benefits into a temporary award due to the claimant's ongoing medical problems, and the employer and insurer appealed, the claimant was awarded attorney's fees pursuant to Mo. Sup. Ct. R. 84.19 because the appeal was frivolous.
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| Duncan v. Penn-America Ins. Co., DOCKET NUMBER WD65357,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 21, 2006, Order Filed
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| Furlong Cos. v. City of Kan. City, No. SC86741,
SUPREME COURT OF MISSOURI, March 21, 2006, Filed
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Overview: A judgment of mandamus was properly entered against a city because it refused to approve a plat under Kansas City, Mo., Code of Ordinances § 66-43 where all subdivision conditions had been met. Moreover, damages were properly awarded under 42 U.S.C.S. § 1983 because the city acted in a clearly irrational manner.
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| Gee v. Dep't of Soc. Servs., WD 65693,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 21, 2006, Decided , March 21, 2006, Opinion Filed
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Overview: A state social services agency exceeded its authority under Mo. Rev. Stat. § 208.010.6 (2000) by adding to Mo. Code Regs. Ann. tit. 13, § 40-2.030(13)(A) the requirement that an "institutionalized spouse" reside in a Medicaid-certified bed where the federal law on the subject, 42 U.S.C.S. § 1396r-5, had no such requirement.
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| Highfill v. Hale, No. SC86987,
SUPREME COURT OF MISSOURI, March 21, 2006, Filed
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Overview: In a lawsuit brought by arrestees against a neighbor for false imprisonment, the neighbor was entitled to summary judgment where the neighbor demonstrated facts that negated the element of causation that was necessary to the false imprisonment claim.
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