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| Bowles v. McKeon, No. 27548,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, March 28, 2007, Filed
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Overview: In landowners' petition against their neighbor to quiet title, for a permanent injunction, and for trespass, judgment in favor of the landowners was proper as they offered substantial evidence proving that their predecessor in title had met the five elements of adverse possession pursuant to Mo. Rev. Stat. § 516.010.
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| Mo. Prosecuting Attys. v. Pemiscot County, No. 27325,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, March 28, 2007, Filed
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Overview: Where a third-class county had made their prosecutor's position full-time, but had not voted to give the prosecutor the same retirement benefits as those given to a prosecutor in a first-class county, an increased payment to a retirement system was not required under Mo. Rev. Stat. §§ 56.807.5, 56.363.3.
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| State v. Baumann, No. 27713 and 27712 Consolidated,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, March 28, 2007, Filed
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Overview: Where appellant, who was alone in an empty parking lot in the middle of the night, used a knife to slash the tires of a van, there was no one else present against whom the knife could have been capable of causing death or other serious physical injury; thus, there was insufficient evidence to support appellant's armed criminal action conviction.
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| Whitehill v. Whitehill, No. 27611,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, March 28, 2007, Filed
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Overview: Where a settlement agreement unambiguously stated that a personal representative and a decedent had to both agreement on beneficiary designations for annuity payments, summary judgment was granted to the representative in a later dispute because parol evidence of an oral agreement could not have been considered to support a brother's claim to such.
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| Bonney v. Envtl. Eng'g, Inc., Case No. 27306,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, March 29, 2007, Filed
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Overview: In workmen's suit against a contractor and subcontractor, the trial court erred in not doubling the underpaid wages as the "prevailing hourly rate of wages" included amounts representing fringe benefit contributions and Mo. Rev. Stat. § 290.300 required doubling of the difference between the amount paid and the "prevailing hourly rate of wages."
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| Granger v. Granger, No. 27852,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, April 2, 2007, Filed
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Overview: A child custody judgment was reversed under Mo. Rev. Stat. §§ 452.375 and 452.400 because the trial court never made a finding of fact as to whether domestic violence occurred, and the trial court failed to enter the statutorily appropriate nomenclature in describing the type of custody being awarded to the parents.
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| State v. Sanchez, No. 27758,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, April 2, 2007, Filed
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Overview: Defendant was convicted of several offenses, including kidnapping. On appeal, resentencing was ordered. Trial judge did not err in failing to order new presentence investigation report, and defendant's rights were not violated under Mo. Rev. Stat. § 557.026 because, inter alia, trial judge did not exclude defendant's activities since in prison.
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