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   State Courts - Missouri - April 24, 2007

  
APAC Kan., Inc. v. Smith, WD 67464, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 24, 2007, Decided, April 24, 2007, Opinion Filed
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Overview: Missouri Labor and Industrial Relations Commission did not err under Mo. Rev. Stat. § 287.220.1 in finding that an employee's last injury alone rendered her totally disabled where no evidence showed that her headaches, which occurred several times a week and caused her to need to lie down between 10 and 40 minutes, predated last workplace incident.

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APAC Kan., Inc. v. Smith, WD 67464, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 24, 2007, Order Filed
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Brown v. SSA Sec., Inc., No. ED89425, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, April 24, 2007, Opinion Filed
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Overview: Where the Missouri Labor and Industrial Relations Commission affirmed a decision denying claimant unemployment benefits, claimant failed to file her notice of appeal within the time permitted by Mo. Rev. Stat. §§ 288.200.2, 288.210. The appellate court lacked jurisdiction to hear the appeal.

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Centene Plaza Redevelopment Corp. v. Mint Props., No. ED89275, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, April 24, 2007, Opinion Filed
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Overview: Condemnation judgments against property owners were improperly granted to a developer because a city's determination of blight was erroneous under Mo. Rev. Stat. §§ 523.261 and 353.020 since there was insufficient evidence that the area in question was a social liability; however, the case was transferred due to the importance of the issues.

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Clark v. Treasurer of Mo., No. ED88768, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, April 24, 2007, Filed
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Collier v. City of Oak Grove, WD65355, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 24, 2007, Opinion Filed
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Overview: When city's sewage system continually backed up into a homeowner's basement, leaving behind a black, slimy substance that smelled of feces, trial court did not err in submitting issue of inverse condemnation to a jury, and city was subject to having award rendered against it for prejudgment interest, pursuant to Mo. Const. art. I, § 26.

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Davis v. State, No. ED88672, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, April 24, 2007, Filed
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Green Tree Servicing, L.L.C. v. Clark, No. ED88319, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, April 24, 2007, Filed
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Gregory v. Gregory, WD 66056 Consolidated with WD 66151, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 24, 2007, Order Filed
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Haggard v. Div. of Empl. Sec., WD 66738, WD 66739, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 24, 2007, Opinion Filed
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Overview: Missouri Labor and Industrial Relations Commission's decision affirming the Missouri Division of Employment Security's (DES) determination that a corporation was subject to employment taxes was null and void because the DES was not entitled to be represented by someone other than a licensed attorney under Mo. Sup. Ct. R. 5.29(c).

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