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| ND-Sell, Inc. v. Greater Springfield Bd. of Realtors, Inc., No. 27832,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, May 16, 2007, Filed
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Overview: Realtor's motion for an injunction against the disciplinary action of respondent realtor associations was properly denied because when construing the contract between the parties as a whole, the plain, ordinary words dictated that the sanctions imposed by the standards committee of the association were permitted under the rules.
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| Citibank (S.D.) N.A. v. Miller, No. 27690,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION ONE, May 17, 2007, Filed
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Overview: In a bank's action on account under Mo. Rev. Stat. ch. 517 against its customer for debt she owed on a credit card, the trial court erred in granting judgment for the bank under the theory of account stated as the bank's pleadings were never amended to plead an action for account stated.
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| State v. Bozeman, No. 27714,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION ONE, May 17, 2007, Filed
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Overview: Defendant's burglary conviction for burglary in the second degree proper because the trial court did not abuse its discretion in denying defendant's request to present evidence regarding a former employer's personal feelings about defendant, in part because the employer did not identify defendant as the burglar.
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| Roberts v. Mo. Highway & Transp. Comm'n, No. 27109,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, May 18, 2007, Filed
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Overview: Labor and Industrial Relations Commission's factual finding that employee sustained 20% permanent partial disability of body as whole due to work-related accident was affirmed because competent and substantial evidence, including medical and lay testimony, supported position that accident did not render employee totally and permanently disabled.
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| State v. Adams, No. 27033,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, May 18, 2007, Filed
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Overview: Trial court did not err in overruling defendant's motion for judgment of acquittal on a charge under Mo. Rev. Stat. § 565.084 because defendant's threats to sue the judge were not a mere expression of his opinion or feelings, but rather were a threat aimed at judge with the purpose of influencing the judge to take certain action in his court case.
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| Dueker v. First Midwest Bank , No. 27530,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION ONE, May 21, 2007, Filed
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Overview: Summary judgment in favor of motor lodge sellers and a bank in the buyers' fraudulent misrepresentation suit was proper as the buyers were aware that an income and expense spreadsheet provided by the bank was wrong, yet didn't commence their suit until long after the five-year limitation period of Mo. Rev. Stat. § 516.120(5) had expired.
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| State v. Abercrombie, No. 27814,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, May 21, 2007, Filed
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Overview: Defendant was not illegally seized, under Fourth Amendment, because the traffic stop was of short duration, the request to search was made immediately after the stop concluded, and defendant was not threatened or coerced into talking with police; once the request to search was made, defendant immediately and freely consented.
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