Case law

Tuttle v. Director of Revenue

938 S.W.2d 317 · Missouri Court of Appeals · Feb 11, 1997

The trial court based its order on Sergeant Brown’s failure to inform Mr. Tuttle that his license would be “immediately” revoked, citing Logan v. Director of Revenue, 906 S.W.2d 888 (Mo.App.1995). … Tuttle has failed to demonstrate that he was prejudiced by Sergeant Brown’s failure to state that his driving privileges would be immediately revoked, the trial court erred by granting relief to Mr. Tuttle. Sanchez v.

Browning v. City of St. Louis

384 S.W.2d 868 · Missouri Court of Appeals · Dec 15, 1964

to plaintiff Lorraine Browning, and for plaintiff Lloyd Browning’s loss of his wife’s services and expenses incurred as a result of her injuries. … State Highway Commission v. Henderson, Mo.App., 381 S.W.2d 10 (13); Gerald v. Caterers, Inc., Mo.App., 382 S.W.2d 740 ; Gosnell v. Gosnell, Mo.App., 329 S.W.2d 230 (235). In Lott v.

State v. Powell

595 S.W.2d 13 · Missouri Court of Appeals · Dec 26, 1979

Defendant relies principally upon State v. Reese, 364 Mo. 1221 , 274 S.W.2d 304 (1954) as authority for his position. … Although this case was tried prior to our ruling in State v. Brown, 584 S.W.2d 413 (Mo.App.1979) we believe that Brown controls here.

Fujita v. Jeffries

714 S.W.2d 202 · Missouri Court of Appeals · Jul 29, 1986

Our standard of review has been set forth by our Supreme Court in Board of Education v. … Citizens State Bank v. State Banking Board, 602 S.W.2d 895, 897 (Mo.App.1980).

Air Evac EMS, Inc. v. Goodman

883 S.W.2d 71 · Missouri Court of Appeals · Aug 5, 1994

Brown v. Mercantile Bank of Poplar Bluff, 820 S.W.2d 327, 334 [2] (Mo.App.1991). DISCUSSION AND DECISION Air Evae’s only theory of recovery is an action on account. … Brokaw v. Board of Education, 171 S.W.2d 75 , 85[18] (Mo.App.1943). This we will not do. See In Re Marriage of Dubois, 875 S.W.2d 223, 226 [2] (Mo.App.1994).

United Services Automobile Ass'n v. United States Fidelity & Guaranty Co.

555 S.W.2d 38 · Missouri Court of Appeals · Aug 8, 1977

In Hale v. Central Mfrs. Mut. Ins. … In Hale v. Central Mfrs. Mut.

Hallmark v. Stillings

620 S.W.2d 436 · Missouri Court of Appeals · Aug 6, 1981

Hayes v. Cardwell, 575 S.W.2d 816, 822 (Mo.App.1978); J. G. Jackson Associates, Inc. v. Mosley, 308 S.W.2d 774, 776 [1, 2] (Mo.App.1958). … Riddle v. Dean Machinery Co., 564 S.W.2d 238, 259 (Mo.App.1978); M.F.A. Cooperative Ass’n of Mansfield v. Murray, 365 S.W.2d 279, 289-290 [16-18] (Mo.App.1963).

APAC-Missouri, Inc. v. Boyer

420 S.W.3d 651 · Missouri Court of Appeals · Oct 30, 2013

Lezah Stenger Homes, Inc., 321 S.W.3d 488, 492-93 (Mo.App.S.D.2010) (quoting Brown v. Brown, 14 S.W.3d 704 , 708 n. 5 (Mo.App.S.D.2000)). … “It is not the trial court’s function to help counsel try their cases[,]” State v. Brown, 996 S.W.2d 719, 733 (Mo.App.W.D. 1999), and we “will not accept counsel’s statements as a substitute for record proof.”

Vorbeck v. McNeal

560 S.W.2d 245 · Missouri Court of Appeals · Oct 25, 1977

Moore v. Damos, supra. *251 Furthermore, the statement by the Board does not attach a “badge of infamy” on the plaintiff nor subject him to any grievous loss requiring notice and a hearing under Wisconsin v. … Rule 7.010 Police Board Manual. This rule was upheld as a valid exercise of the Board’s power in Milani v. Miller, 515 S.W.2d 412 (Mo.1974).

State v. Duff

281 S.W.3d 320 · Missouri Court of Appeals · Mar 3, 2009

Elliott left Duffs house and reported back to Brown. Brown retrieved the money, tape recorder, and marijuana from Elliott. … He relies on State v.

Kerth v. Polestar Entertainment

325 S.W.3d 373 · Missouri Court of Appeals · Jun 22, 2010

E.D.2001)(insufficient service); Shapiro v. Brown, 979 S.W.2d 526, 529 (Mo.App. E.D.1998)(same). And finally, courts have held judgments void due to lack of notice and as violations of due process. Simmons v. … Moore v. Board of Educ. of Fulton Public School No. 58, 836 S.W.2d 943, 947 (Mo. banc 1992). A cause of action — here a suit for damages — is a property right protected by the Fourteenth Amendment. See Bosworth v.

Hyde v. City of Columbia

637 S.W.2d 251 · Missouri Court of Appeals · Jun 15, 1982

The petition joined the reporters Brown and Potter, the newspapers Columbia Daily Tribune and Columbia Missourian and the City of Columbia as defendants. … . § 552 et seq., a prototype for such statutes, was given by the United States Supreme Court in National Labor Relations Board v.

American Petroleum Exchange v. Public Service Commission

238 Mo. App. 92 · Missouri Court of Appeals · Dec 6, 1943

Brown, 111 Fed. 939 ; Brown v. Frenken (Ark.), 112 S. W. 207 .] … The People’s Railway Company, v. Talty, 139 Mo. 379, 391 .] In Brown v.

Minturn v. Conception Abbey

227 Mo. App. 1179 · Missouri Court of Appeals · May 22, 1933

Fichter, 179 Ind. 392 ; Coleman v. O’Leary’s Exr., 114 Ky. 388 ; Kerrigan v. Tabbe, 39 Atl. 701 ; Webster v. Sughrow, 69 N. … [See eases last cited and Ryan v. Rutledge, 187 S. W. 877 ; Bauer v. Myers, 244 Fed. 902 .]

Estate of Strauss v. Strauss

755 S.W.2d 742 · Missouri Court of Appeals · Aug 23, 1988

Hazlett v. Clark, 652 S.W.2d 135, 136 [1—3] (Mo.App.1983). … Thus, Brown relaxed the Delany standard.

Paty v. DIRECTOR OF REVENUE, STATE

168 S.W.3d 625 · Missouri Court of Appeals · May 31, 2005

Walker v. Dir. of Revenue, 137 S.W.3d 444, 446 (Mo. banc 2004). The trial court must assess the facts by viewing the situation as it would have appeared to a prudent, cautious and trained police officer. Brown v. … The trial court found that the officer did not have probable cause when he arrested Brown, and reinstated Brown’s license. Id.

Blanchard v. Shurn & Associates, Inc.

209 S.W.3d 22 · Missouri Court of Appeals · Dec 5, 2006

Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App.E.D.2003). Here, the Appeals Tribunal mailed its decision to Claimant on March 21, 2006. The application for review was due thirty days later, on April 20, 2006. … Brown, 105 S.W.3d at 855 ; Truel v. Division of Employment Security, 166 S.W.3d 131, 132 (Mo.App.E.D.2005). Our only recourse is to dismiss the appeal. The Division’s motion to dismiss is granted.

Kansas City Star Co. v. Fulson

859 S.W.2d 934 · Missouri Court of Appeals · Aug 17, 1993

Brawley v. McNary, 811 S.W.2d 362, 365 (Mo. banc 1991). … State Bd. v. Southworth, 704 S.W.2d 219, 224 (Mo. banc 1986).

Coursey v. Hawthorne

389 S.W.2d 847 · Missouri Court of Appeals · Apr 20, 1965

Ferguson v. Betterton, 364 Mo. 997 , 270 S.W.2d 756, 760 . Plaintiff relies on the case of Brown v. Parker, Mo.App., 375 S.W.2d 594 , as an approved example of such a submission against two defendants. … Supreme Court Rule 79.04, V. A.M.R. It is so ordered. RUDDY, P. J., and ANDERSON, J., concur. WOLFE, J., not participating.

Goodner v. Ford

600 S.W.2d 681 · Missouri Court of Appeals · Jun 9, 1980

Respondents contend that the declaration within Karzin v. Collett is dictum. … (a) Respondent board called a meeting at which appellant was discharged without notice. (b) Appellant received no severance pay or vacation allowance.