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   State Courts - Missouri - March 28, 2006

  
Akers v. Dir. of Revenue, WD65722, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 28, 2006, Opinion Filed
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Overview: Trial court did not err in upholding the director of revenue's revocation of a driver's driver's license as the Implied Consent Law, Mo. Rev. Stat. § 577.041.1 (2000), did not require the arresting officer to inform the driver that he had the right to consult an attorney before submitting to the test.

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Arnold v. State, No. ED86581, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, March 28, 2006, Filed
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Binder v. Thorne-Binder, WD 65273, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 28, 2006, Filed
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Overview: Dissolution judgment was affirmed where trial court had authority pursuant to Mo. Sup. Ct. R. 61.01 to sanction husband for failure to cooperate with discovery and where, pursuant to Mo. Sup. Ct. R. 84.13(b), court did not have to reverse an otherwise fair distribution of property due to a mistake in valuing the wife's separate home.

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Boyd v. Holden, WD 65798, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 28, 2006, Order Filed
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Bronson v. Menius, No. ED85591, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, March 28, 2006, Filed
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City of Bridgeton v. Missouri-American Water Co., No. ED86292, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, March 28, 2006, Filed
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Overview: Summary judgment in favor of a utility on city's claims of trespass and ejectment was affirmed because a project requiring the relocation of utility facilities was intended to be financed by the developer, the utility had a valid right to occupy the right of way, and the utility's license to use the area was actually an easement.

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Coleman v. Coleman, No. ED85264, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, March 28, 2006, Filed
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Overview: Wife's appeal of judgments relating to her motions in divorce proceedings was dismissed because the trial court judgments were not final; they included language stating "pending trial on these matters" and "there remain substantive issues to be resolved," and several issues were unresolved, including child support arrearage and attorney's fees.

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Damon Pursell Constr. Co. v. Mo. Highway & Transp. Comm'n, WD 64232, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 28, 2006, Decided , March 28, 2006, Opinion Filed
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Overview: Trial court did not err by granting a construction company a new trial because even though newly discovered evidence was discovered during trial, and not since trial, the company's brief contained another sufficient ground, which was that MHTC failed to provide the company with a videotape prior to trial; thus it could not fully present its case.

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Fortner v. State, No. 26832, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION ONE, March 28, 2006, Filed
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Overview: In a first degree sodomy case, the postconviction court did not err in denying defendant's Mo. Sup. Ct. R. 29.15 as his counsel's strategy not to call a witness (because what the witness told him substantiated some of the victim's claims) did not constitute ineffective assistance of counsel.

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Gill v. SSM Healthcare Rehab., No. ED86802, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, March 28, 2006, Order Filed
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