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   State Courts - Missouri - April 18, 2006

  
Beach v. Dir. of Revenue, WD 65314, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 18, 2006, Filed
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Overview: The setting aside of the revocation of a driver's driving license was improper pursuant to Mo. Rev. Stat. § 577.041 because a qualified consent was deemed to have been a refusal for purposes of § 577.041. By attaching conditions to his consent, the driver in essence refused to take the breath test.

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Euclid Plaza Assocs., L.L.C. v. Roberts Plaza, L.L.C., No. ED86362, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, April 18, 2006, Filed
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Harrison v. State, WD 65680, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 18, 2006, Filed
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Hertz Corp. v. RAKS Hospitality, Inc., No. ED85454, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, April 18, 2006, Filed
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Overview: Judgment in favor of buyer on its claim of unjust enrichment against a seller after the buyer paid real property taxes that the seller should have paid was affirmed; buyer did not need to exhaust administrative remedies, trial court did not lack subject matter jurisdiction to address the claim, and it had not erred in submitting jury instructions.

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Hickerson v. McCarthy Spice & Blends, No. ED86852, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, April 18, 2006, Filed
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Hoecker v. Hoecker, WD64953, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 18, 2006, Opinion Filed
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Overview: Trial court did not err in refusing to grant husband continuance where trial had already been rescheduled and husband was practicing attorney. Couple's condo was marital property and value of marital home was properly determined. Pursuant to Mo. Rev. Stat. § 452.330, there was insufficient evidence for court to make just division of marital assets.

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In re Lawton, No. ED86650, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, April 18, 2006, Filed
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In the Interest of I.M.B., No. ED86777, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, April 18, 2006, Filed
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Jones v. Dir. of Revenue, WD 65600, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 18, 2006, Filed
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Overview: Director of revenue failed to meet burden of establishing by a preponderance of the evidence that a passenger was driving a truck pursuant to circumstances set out in Mo. Rev. Stat. § 302.505 where another person was driving vehicle when sheriff pulled truck over and circumstantial evidence did not establish that passenger had driven the truck.

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Jones v. State, No. ED86823, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, April 18, 2006, Filed
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