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| Peyton v. Bellefontaine Gardens Nursing & Rehab, Inc., No. ED88689,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, April 17, 2007, Filed
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Overview: Granddaughter's appeal From the denial of her amended petition to name her mother as the plaintiff in a wrongful death action against the nursing home where the decedent died was dismissed as the granddaughter was not the aggrieved party from the denial, and thus had no right to appeal in her individual capacity under Mo. Rev. Stat. § 512.020.
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| Portwood v. Treasurer of Missouri-Custodian of the Second Injury Fund, WD 67140,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 17, 2007, Decided , April 17, 2007, Opinion Filed
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Overview: Because an employee's asymptomatic preexisting congenital deformity was not an actual and measurable disability at the time of his last work-related injury, but a latent preexisting condition that was aggravated by the injury, the Second Injury Fund was not liable under Mo. Rev. Stat. § 287.220.1.
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| President Casino, Inc. v. Dir. of Revenue, SC87722,
SUPREME COURT OF MISSOURI, April 17, 2007, Filed
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Overview: Casino was not entitled to a refund of the use tax it paid on purchases of gaming equipment because the gaming tax the casino paid on its winnings from use of the gaming equipment was not the functional equivalent of the sales tax under Mo. Rev. Stat. § 313.822.
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| Shivers v. Carr, No. 27691,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, April 17, 2007, Filed
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Overview: In a car buyer's suit against the seller to repudiate the contract under Mo. Rev. Stat. § 301.210 when she discovered the car had been salvaged, the buyer was not entitled to relief as the car was not in as good a condition as on the date the seller surrendered possession of it in that she had driven the car over 30,000 miles.
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| Slattery v. Slattery, No. ED88259,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, April 17, 2007, Filed
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| St. Louis Univ. v. Masonic Temple Ass'n of St. Louis, No. SC88075,
SUPREME COURT OF MISSOURI, April 17, 2007, Decided
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Overview: Three city tax increment ordinances that allowed a university to partner in the city's redevelopment did not violate Mo. Const. art. IX, § 8, and Mo. Const. art. I, § 7, as neither the university's aspiration to Jesuit ideals, nor its bylaws and mission statement demonstrated that it was under the control of a religious creed.
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| Staggs v. Dir. of Revenue, WD 67214,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 17, 2007, Decided , April 17, 2007, Opinion Filed
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Overview: Trial court properly upheld the Director of Revenue's revocation of a driver's license under Rev. Stat. § 577.041.1 as the statute did not require the officer to inform the driver of his ability to contact an attorney, nor that he had 20 minutes to contact the attorney once the request was made.
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| State ex rel. Burns v. Whittington, No. SC87962,
SUPREME COURT OF MISSOURI, April 17, 2007, Decided
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Overview: In a wrongful death suit, decedent's survivor was entitled to writ of mandamus directing Circuit Court of St. Louis County to transfer her lawsuit back to the Circuit Court of the City of St. Louis because suit was not a new cause of action, but instead it arose out of personal injury action, and Mo. Rev. Stat. § 508.010 did not apply.
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| State ex rel. Lute v. Mo. Bd. of Prob. & Parole, No. SC88026, No. SC88111,
SUPREME COURT OF MISSOURI, April 17, 2007, Filed
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Overview: Supreme court issued writs of mandamus ordering the board of probation and parole to conduct parole hearings for two inmates who had already served many years in prison for murdering their abusive husbands as the Board's denial of parole was contrary to the intent of the Governor's commutations under Mo. Const. art. IV, § 7.
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