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   State Courts - Missouri - May 9, 2007

  
Billings Mut. Ins. Co. v. Cameron Mut. Ins. Co., No. 27952, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, May 9, 2007, Filed
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Overview: The denial of a plaintiff insurer's claim for indemnification coverage against the defendant insurer was proper because plaintiff gave defendant late notice of plaintiff's insured's claim, which prejudiced defendant. Plaintiff's failure to provide timely notice completely denied defendant any opportunity to exercise its right to defend the action.

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Blue Ridge Bank & Trust Co. v. Trosen, WD67024, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 9, 2007, Opinion Filed
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Overview: A finding that the property owners failed to exercise the preemptive right to purchase certain real property was improper because they waited for the notice of sale form and, upon receiving it, timely exercised their preemptive right. There was no waiver and the property owners did not need to better the trust beneficiaries' offer.

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Carroll v. Jovanovic, No. ED88350, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, May 9, 2007, Filed
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Chakur v. State, No. ED88328, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, May 9, 2007, Filed
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Clark v. State, WD 66175, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 9, 2007, Order Filed
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Cordia v. Cordia, No. ED88265, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, May 9, 2007, Filed
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Dozier v. Dozier, WD 66669, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 9, 2007, Opinion Filed
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Overview: Denial of appellant husband's motion to set aside a default judgment, which awarded respondent wife sole physical custody of the parties' children, was affirmed because even if the husband could not afford counsel, in failing to respond in any manner to the lawsuit, the husband intentionally and recklessly impeded the judicial process.

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Dressel v. Dressel, No. ED88482, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, May 9, 2007, Filed
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Overview: Appellant husband's appeal from the judgment in a dissolution of marriage action was dismissed because the husband failed to file a transcript of the hearings in the dissolution of marriage proceedings, the court had no way to determine whether the trial court did in fact err in its judgments.

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In re Fletcher v. State, WD 65970, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 9, 2007, Order Filed
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In the Interest of C.K. , WD 67474, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 9, 2007, Filed Filed
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Overview: Judgment terminating appellant mother's parental rights was reversed and remanded because the circuit court erred in relying solely on the mother's past behavior to justify the termination, and in failing to consider her current ability and willingness to parent or the potential for future harm.

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