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| Gunter v. City of St. James, No. 27072,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, April 27, 2006, Filed
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Overview: Court affirmed a damage award against a city through its city council, but it reversed award of damages against the members of the city council in their individual or official capacities because while council's conduct relating to property owners' application for re-subdivision was "truly irrational," individual members did not act in bad faith.
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| Pyle v. Layton, No. 27046,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, April 27, 2006, Filed
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Overview: Where appellants submitted an affidavit from a trained accident reconstruction specialist, the affidavit established a genuine issue of material fact as to whether respondent, whose truck was on the wrong side of the road, violated the standard of care owed to appellants during a collision, and thus summary judgment in his favor was inappropriate.
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| State ex rel. Harper Indus. v. Sweeney, No. 27621,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, April 27, 2006, Filed
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Overview: In a personal injury matter, corporation was a foreign corporation with no registered agent in Missouri. Trial court erred in denying corporation's motion to change venue because Mo. Rev. Stat. § 508.040 governed the case, not Mo. Rev. Stat. § 508.010 and the trial judge exceeded his authority when he overruled the the corporation's motion.
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| Copeland v. State, No. 26908,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, April 28, 2006, Filed
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Overview: Appellate court remanded the grant of an inmate's motion for postconviction relief pursuant to Mo. Sup. Ct. R. 29.15 because the trial court failed to issue findings of fact and conclusions of law to allow meaningful appellate review and used the wrong standard to determine if the inmate was prejudiced by his attorney's ineffective representation.
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| Hollida v. Hollida, No. 27001,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, April 28, 2006, Filed
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Overview: In a dispute among a wife, bank, law firm, and wife's in-laws over promissory note, wife was not collaterally estopped from bringing a third-party petition against bank and law firm because no claims were filed against these parties in original suit; further, the matter was not res judicata.
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| Preston v. Preston, WD 65093,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 28, 2006, Opinion Filed
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Overview: A finding in the parties dissolution action that the insurance proceeds be divided equally was appropriate pursuant to Mo. Rev. Stat. § 452.330.3 because the proceeds for the loss of personal property were acquired by the parties during the marriage and the husband failed to present evidence that the proceeds were not marital property.
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