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   State Courts - Missouri - May 9, 2006

  
Montage Foods,Inc. v. Jerusalem Cafe, Inc., WD 65252, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 9, 2006, Opinion Filed
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Petree v. State, WD65746, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 9, 2006, Opinion Filed
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Overview: Delays in appellant's probation revocation hearing were reasonable and had not prejudiced appellant where the first delay in scheduling the revocation hearing was attributable to appellant's request for a continuance to obtain counsel and his attorney did not file an entry of appearance or otherwise appear upon the record until the hearing.

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Pulley v. Sandgren (In re Pulley), WD64966, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 9, 2006, Opinion Filed
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Overview: Circuit court had jurisdiction to accept transfer of guardianship matter under Mich. Ct. R. 2.227 and under Mo. Rev. Stat. § 475.120.2 and substantial evidence supported decision to remove mother as guardian of 28-year-old son based on her failure to remain routinely involved in his personal affairs and her abdication of responsibilities to father.

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Rudd v. Metro. St. Louis Sewer Dist., No. ED86648, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, May 9, 2006, Filed
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Overview: A sewer district was free to repeal an ordinance, thus eliminating the pay grade advancement schedule it agreed upon with a union, because Mo. Rev. Stat. § 105.520 (2000) did not mandate binding agreements between unions and administrative agencies.

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Sanders v. Echlin/Pacer Indus., No. ED86723 and ED86726, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, May 9, 2006, Filed
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Schoemehl v. Treasurer of Mo., No. 27418, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, May 9, 2006, Filed
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Overview: Where a workers' compensation claimant had a permanent total disability before he died of causes unrelated to his work injury, pursuant to Mo. Rev. Stat. § 287.200.1, the claimant was entitled to compensation during his lifetime. Upon his death, his widow was not entitled to receive any of that compensation.

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Schumaker v. State, WD 65421, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 9, 2006, Opinion Filed
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Schwartz v. Bann-Cor Mortgage, WD 65187, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 9, 2006, Filed
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Overview: In suit by borrowers against lender and assignee alleging violations of Missouri's Second Mortgage Loan Act, trial court erred in granting motions to dismiss and summary judgment because applicable statute of limitations was six-year limitation of Mo. Rev. Stat. § 516.420; lender was a "moneyed corporation."

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Sparks v. Jackson (In re Estate of Welch), WD 65330, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 9, 2006, Filed
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State v. Elliott, WD 65782, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 9, 2006, Opinion Filed
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Overview: State's use of certified mail, pursuant to Mo. Rev. Stat. § 143.611.3, to notify a taxpayer of proposed assessments and her right to challenge those assessments satisfied notice requirement of due process. Therefore, trial court did not err in denying taxpayer's motion to dismiss the petition for delinquent individual income tax filed against her.

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