Case law

State ex rel. Farmers Bank v. Township Board

188 Mo. App. 266 · Missouri Court of Appeals · Apr 5, 1915

That proviso does give the board a discretion—it does authorize the board, in proper instances, to reject a bid that on its face appears to be the best, which, in reality, is not; Reagan v. … But the discretion meant is “a sound legal discretion, not a capricious, arbitrary, or oppressive one;” State ex rel. v. County Court, 41 Mo. 221, 226 ; State ex rel. v. Adcock, 206 Mo. 550, 556 ; State ex rel. v.

Olds v. Missouri Board of Probation & Parole

162 S.W.3d 33 · Missouri Court of Appeals · Feb 1, 2005

City of Kansas City v. Piercy, 97 S.W.3d 513, 514 (Mo.App.2002). Failure to comply with these rules constitutes grounds for dismissing the appeal. Id. … Here, Olds’ second point alleges error committed by the Missouri Board of Probation and Parole.

State ex rel. Branum v. Board of Zoning Adjustment

85 S.W.3d 35 · Missouri Court of Appeals · Jul 2, 2002

The burden was on the Branums to demonstrate to the Board that the variance requests should be granted. See Behrens v. Ebenrech, 784 S.W.2d 827, 829 (Mo.App.1990); Ogawa v. … Klawuhn v. Bd. of Zoning Adjustment of City of St. Joseph, 952 S.W.2d 725, 729 (Mo.App.1997); State ex rel. Holly Inv. Co. v.

St. Charles County v. "A Joint Board or Commission"

184 S.W.3d 161 · Missouri Court of Appeals · Feb 21, 2006

A Joint Board or Commission (“Joint Board”) and North East Community Action Board (“NECAC”) appeal from a judgment of the trial court sustaining St. Charles County’s motion for summary judgment. … Ellis v. Williams, 312 S.W.2d 97, 105 (Mo.1958). In Union Mkt. Merchants Assoc. Inc. v. City of St.

Board of Registration for the Healing Arts v. Spinden

798 S.W.2d 472 · Missouri Court of Appeals · Oct 9, 1990

Stores Co. v. Ryan, 699 S.W.2d at 136 . The phrase “professionally oriented communication” is vague. Both the appellant Board and the respondent Spinden rely on State ex rel. Great Am. Ins. Co. v. … Stores Co. v. Ryan, 699 S.W.2d 134 (Mo.App.1985); Enke v. Anderson, 733 S.W.2d 462 (Mo.App.1987); See also: State ex rel. Cain v. Barker, 540 S.W.2d 50 (Mo. banc 1976); State ex rel. Faith Hosp. v.

Kelly v. City of St. Louis, Board of Adjustment

745 S.W.2d 177 · Missouri Court of Appeals · Dec 15, 1987

Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the board. (Emphasis added). The trial court, relying on Cohen v. … See State ex rel Board of Zoning Appeals of Indianapolis v. Grant, 246 Ind. 317 , 204 N.E.2d 658 (1965) (holding that failure to file a verified petition as required by statute left the court without jurisdiction).

Lagud v. Kansas City Missouri Board of Police Commissioners

272 S.W.3d 285 · Missouri Court of Appeals · Oct 7, 2008

Substantial evidence is defined as “ ‘evidence which has probative force on the issues, and from which the trier of facts can reasonably decide the case.’ ” White, 217 S.W.3d at 388 (quoting Brown v. … Cochran v. Bd. of Educ. of Mexico Sch. Dist. No. 59, 815 S.W.2d 55, 59 (Mo.App. E.D.1991). There was evidence to support the Board’s determination, and *292 as a result, we must uphold the Board’s findings.

Robinson v. Nick

235 Mo. App. 461 · Missouri Court of Appeals · Feb 6, 1940

This, however, was not entirely dispositive of the matter, for it appears that when Browne and the General Executive Board of the International Alliance met in St. … Thus both Browne and Nick are not only ranking members of the General Executive Board, but it is charged by plaintiffs that by virtue of their positions in the organization, they, along with their associates on the board,

State Ex Rel. Marler v. State Board of Optometry

898 S.W.2d 559 · Missouri Court of Appeals · Nov 29, 1994

See State Board of Registration for the Healing Arts v. Masters, 512 S.W.2d 150 (Mo.App.1974); Missouri Real Estate Commission v. McCormick, 778 S.W.2d 303 (Mo.App.1989); Kennedy v. … In Eleven Star, Inc. v. Director of Revenue 764 S.W.2d 521, 522 (Mo.App.1989), and Dillon, d/b/a Home Satellite Systems v.

Little v. McSwain

400 S.W.3d 461 · Missouri Court of Appeals · Apr 9, 2013

The “‘denial of a motion for summary judgment is not subject to appellate review, even when an appeal is taken from a final judgment and not from the denial of a motion for summary judgment.’ ” Brown v. … See Brown v. Simmons, 335 S.W.3d at 486 n. 4. Appellant’s point is dismissed for lack of a final judgment. III. Conclusion The appeal is dismissed. ROBERT G. DOWD, JR. P.J., and ANGELA T. QUIGLESS, J., concur.

Behrens v. Ebenrech

784 S.W.2d 827 · Missouri Court of Appeals · Feb 6, 1990

Ogawa , at 242-243 (quoting Brown v. Beuc, 384 S.W.2d 845, 852-53 (Mo.App.1964)). … Ogawa , at 242-43 (quoting Brown v. Beuc, 384 S.W.2d at 852-53 (Mo.App.1964)).

State ex rel. Huebler v. Board of Police Commissioners

108 Mo. App. 98 · Missouri Court of Appeals · Nov 1, 1904

Hambleton v. Town of Dexter, 89 Mo. 188 ; Ladue v. Spaulding, 17 Mo. 159 ; Bell v. County Court, 61 Mo. App. 173 . … Ring v. Paint & Glass Co., 46 Mo. App. 374 ; Miller v. Muegge, 27 Mo. App. 670 ; Ford v. Railway, 29 Mo. App. 616 ; State v. Union Trust Co., 70 Mo. App. 311 .

Bus. Bank of Saint Louis v. Brown & James, P.C.

546 S.W.3d 605 · Missouri Court of Appeals · Feb 13, 2018

The Business Bank of Saint Louis (Appellant) appeals from the March 27, 2017 Final Judgment of the trial court entering summary judgment in favor of Brown & James, P.C. … Corp. v. Mid-Am. Marine Supply Corp. , 854 S.W.2d 371 , 376 (Mo. banc 1993) ; and Count III failed to state a claim. Philips v. CitiMortgage, Inc. , 430 S.W.3d 324 , 329 (Mo. App. E.D. 2014).

Prettyman v. Prettyman

782 S.W.2d 681 · Missouri Court of Appeals · Nov 7, 1989

Brown v. State Auto. Ins. Ass'n, Auto. Underwriters Corp., Des Moines

265 S.W.2d 741 · Missouri Court of Appeals · Mar 1, 1954

Brotvn, d/b/a Brown Motor Company,;sued defendant on its contract .of insurance issued to R. L. Brown, hereafter referred to as insured. The case was tried to. the court. … In Hahn v. National American Fire Ins. Co., 233 Mo.App. 756 , 127 S.W.2d 94 , an -insurer had issued its policy to one Brown, covering .the. loss, of an automobile by fire.

Sanford v. Missouri Board of Probation and Parole

351 S.W.3d 288 · Missouri Court of Appeals · Nov 8, 2011

Brown v. Moore, 126 S.W.3d 465 (Mo.App.2004). Appeal dismissed.

State ex rel. State Board of Pharmacy v. Otto

866 S.W.2d 480 · Missouri Court of Appeals · Nov 23, 1993

A similar holding in Massachusetts v. … In Laxalt v.

Reeder v. BOARD OF EDUCATION OF MARSHALL SCHOOL DISTRICT

323 S.W.3d 830 · Missouri Court of Appeals · Nov 2, 2010

Order PER CURIAM: Nathan Reeder appeals the judgment of the Circuit Court of Saline County, which upheld the ruling of the Board of Education of Marshall School District terminating his employment. … In five points on appeal, Reeder argues reversible error because he claims his due process rights were violated by an unfair and partial hearing and the Board’s decision to terminate him was not supported by competent and

State ex rel. Board of Public Utilities v. Crow

592 S.W.2d 285 · Missouri Court of Appeals · Dec 17, 1979

O’Leary v. Missouri State Board of Mediation, 509 S.W.2d 84 (Mo. banc 1974); State ex rel. Missey v. City of Cabool, 441 S.W.2d 35 (Mo.1969). In Curators of University of Missouri v. … Board of Education of Dist. 170 of Lee & Ogle Counties, 40 Ill.App.3d 819 , 353 N.E.2d 147 (1976), and Port Townsend Publishing Co. v.

State ex rel. Strohm v. Board of Zoning Adjustment

869 S.W.2d 302 · Missouri Court of Appeals · Jan 25, 1994

Transit Casualty Company v. … In Farmland Dairies and Fair Lawn Dairies, Inc. v.