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   State Courts - Missouri - March 20, 2007

  
Algonquin Golf Club v. State Tax Comm'n , No. ED87894, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, March 20, 2007, Opinion Filed
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Overview: The classification of portions of private golf courses and country clubs owned by golf clubs as commercial property was improper pursuant to Mo. Rev. Stat. § 137.016.5 because the evidence revealed that the immediate most suitable economic use was as private residences, not public golf courses.

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Bailey v. State, No. ED88448, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, March 20, 2007, Order Filed
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Bostic v. Spherion Atl. Workforce, WD67086, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 20, 2007, Opinion Filed
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Overview: Department of Labor and Industrial Relations Commission found that employee did not intend to threaten her supervisor. Thus, she did not have the intent or culpability required by Mo. Rev. Stat. § 288.030.1(23) , and the finding that she was discharged for misconduct was an incorrect application of the law to the facts as found by the Commission.

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Butts v. State, No. ED87914, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, March 20, 2007, Filed
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CADCO, Inc. v. Fleetwood Enters., No. ED87066, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, March 20, 2007, Filed
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Overview: Because sufficient evidence supported all elements of retailers' misrepresentation claims, the trial court did not err in granting judgment in favor of the retailers. However, because a reduction of the verdict under Mo. Rev. Stat. § 537.060 had to be pleaded and proved as an affirmative defense, companies were not entitled to an offset.

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Campise v. Borcherding, No. ED88166, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, March 20, 2007, Decided , March 20, 2007, Opinion Filed
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Overview: A remand for an evidentiary hearing in plaintiff's personal injury action against defendant stemming from a motor vehicle accident was appropriate because there was a need to determine if a juror failed to disclose prior litigation and, if so, if his nondisclosure was intentional and whether a new trial was justified.

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Clark v. Wuebbeling, No. ED88413, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, March 20, 2007, Filed
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Overview: Court erred by granting a full order of protection based on stalking to a former wife, Mo. Rev. Stat. § 455.020.1, because she failed to prove the existence of any threats of bodily harm, physical altercations, or other events after the dissolution that made it reasonable for the husband's conduct to cause her fear of danger of physical harm.

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Columbo v. Brunkhorst, No. ED87197, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, March 20, 2007, Opinion Filed
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Overview: Court erred in finding individual retirement accounts were separate property; parties conceded there were contributions to their individual retirement accounts during their marriage, thus those accounts should have been denominated marital property and court should have used source of funds rule to determine which portions were separate property.

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Dixon v. Thompson, No. 27529, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, March 20, 2007, Filed
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Overview: Defendant property owner's appeal from the denial of a motion to set aside a judgment quieting title to certain real estate in plaintiff buyers was dismissed because in the absence of a timely filed notice of appeal, there was no appellate jurisdiction.

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Gibbons v. J. Nuckolls, Inc., No. SC88023, SUPREME COURT OF MISSOURI, March 20, 2007, Filed
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Overview: Dismissal of a purchaser's Merchandising Practices Act (MPA) against an automobile wholesaler was reversed and remanded because wholesalers were "persons" for purposes of the MPA; thus, privity between the purchaser and the wholesaler was not required.

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