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   State Courts - Missouri - March 21, 2006

  
Hoyt v. GE Capital Mortg. Servs., No. ED86309, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, March 21, 2006, Opinion Filed
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Overview: Trial court erred in not submitting the issue of punitive damages to a jury in borrowers' action against lender for intentional interference where the lender failed to disclose its use of a suspense account, constantly refused to acknowledge the borrowers' requests for information about their account, and failed to retract damaging credit reports.

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In re R.B., No. SC86979, SUPREME COURT OF MISSOURI, March 21, 2006, Filed
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Overview: In juvenile officer's appeal from dismissal of delinquency petition, juvenile officer claimed lower court erred in not allowing victim's videotaped testimony. Appellate court lacked jurisdiction because Mo. Rev. Stat. § 211.261 did not authorize juvenile officer to appeal final judgments in delinquency proceedings, and double jeopardy had attached.

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Investors Title Co. v. Hammonds, No. ED85951, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, March 21, 2006, Filed
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Overview: Trial court did not err in denying a county's motion for JNOV when a title company failed to show evidence of a written contract, as required under Mo. Rev. Stat. § 432.070, as there was no need for a written contract for the company to have an action against the county for money had and received when a county employee pled guilty to theft.

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Jennings v. Chatsworth Apts. Project Ltd., WD65358 and WD65377, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 21, 2006, Opinion Filed
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Overview: Where the only consideration on a 1995 promissory note was a partnership's liability on a 1980 note, but the partnership had not signed the 1980 note and was therefore not liable on it, the 1995 note lacked consideration to make a binding agreement and partnership was thus not liable for it, and summary judgment for the partnership was affirmed.

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Mainini v. Morrison, No. ED86163, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, March 21, 2006, Filed
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Mayo v. State, No. ED85973, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, March 21, 2006, Opinion Filed
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McLaughlin v. Okla. S. Transp., Inc., DOCKET NUMBER WD65430, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 21, 2006, Order Filed
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Moore v. Moore, WD64015 Consolidated with WD64055, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 21, 2006, Opinion Filed
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Overview: The distribution of the parties' property in a dissolution proceeding was improper in part pursuant to Mo. Rev. Stat. § 452.330 because the evidence showed that nonmarital and marital funds were both deposited into a checking account and that the wife made no effort to trace and identify what portion of the balance was her separate property.

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Ray v. HP Mgmt., Inc., DOCKET NUMBER WD65488, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 21, 2006, Order Filed
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Shead v. State, No. ED85884, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, March 21, 2006, Filed
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