Case law

Calvin v. State

204 S.W.3d 220 · Missouri Court of Appeals · Aug 1, 2006

Brown v. State, 45 S.W.3d 506, 508 (Mo. App. W.D.2001) (citations omitted). … Oberg v. Oberg, 869 S.W.2d 235, 238 (Mo.App. W.D.1993). See also Denton v. Sims, 884 S.W.2d 86, 90 (Mo.App.

Rittgers v. Kansas City Transit Co.

427 S.W.2d 294 · Missouri Court of Appeals · Apr 1, 1968

Lilly v. Boswell, 362 Mo. 444 , 242 S.W.2d 73 ; Witt v. Peterson, supra.” … Brown v. Wooderson, 362 S.W.2d 525, 529 , 99 A.L.R.2d 894 , Mo.Sup. The jury was not bound to accept defendant’s estimate of the distance he could see ahead.

Lynch v. Webb City School District No. 92

373 S.W.2d 193 · Missouri Court of Appeals · Dec 6, 1963

The courts have “inflexibly enforced” the rule of such statute prohibiting dismissal by the board. It has no implied authority to dismiss for any reason. Lemasters v. Willman, Mo.App., 281 S.W.2d 580 ; Magenheim v. … Lemasters v. Willman, supra, Mo.App., 281 S.W.2d 580, 590 ; see Magenheim v. Board of Ed. of School Dist. of Riverview Gardens, supra, Mo.App., 347 S.W.2d 409 .

Gamble v. Hoffman

695 S.W.2d 503 · Missouri Court of Appeals · Aug 6, 1985

Sears’ credibility was for the board to determine, Barnes Hospital v. … Zimmerman v. Moran, 439 S.W.2d 503, 504 (Mo.1969); Tuffli v. Board of Education of the Wentzville R-4 School District, 603 S.W.2d 77 (Mo.App.1980).

State Ex Rel. Weinhardt v. Ladue Professional Building, Inc.

395 S.W.2d 316 · Missouri Court of Appeals · Sep 21, 1965

Beacon Court, Inc. v. Wind, Mo.App., 309 S.W.2d 663 (3), applying § 64.120, V.A.M.S. to reviews of decisions of zoning boards in Class One counties; and State ex rel. Horn v. … In the case of Bourke v.

Smith v. Smith

743 S.W.2d 476 · Missouri Court of Appeals · Nov 20, 1987

Brown v. Brown, 670 S.W.2d 167, 169 (Mo.App.1984). *479 Respondent was not required to prove that Mr. Smith had the ability to comply with the court's decree. He had the burden to show that he was not able to comply. … The only case which appellant cites for his contention that there must be specific findings of the contemner’s resources that will suffice to prove his ability to purge is Brown v. Brown, supra, 670 S.W.2d 167 .

Schnell v. Zobrist

323 S.W.3d 403 · Missouri Court of Appeals · Jun 29, 2010

In reviewing the Board’s decision, we must consider the entire record and not simply the evidence that supports the Board’s decision. Coffer v. Wasson-Hunt, 281 S.W.3d 308, 310 (Mo. banc 2009). … We, however, do not defer to the Board’s decision on *410 questions of law. Vivona v. Zobrist, 290 S.W.3d 167, 171 (Mo.App.2009).

Bratton v. Mitchell

979 S.W.2d 232 · Missouri Court of Appeals · Nov 17, 1998

The present defendant-respondents are the Board of Probation and Parole (Board), and the Department of Corrections (Corrections). … Citizens for Safe Waste Management v. St. Louis County Air Pollution Control Appeal Board, 896 S.W.2d 643, 644 (Mo.App.1995).

Powell v. Powell

250 S.W.3d 831 · Missouri Court of Appeals · Apr 29, 2008

Bastain v. Brown, 28 S.W.3d 494, 495 (Mo.App. E.D.2000). Appellant “has not filed a transcript in this case, although [her] brief references testimony and facts allegedly given at hearings and at the trial. … Brown v. Ameristar Casino Kansas City, Inc., 211 S.W.3d 145, 147 (Mo.App. W.D.2007) (internal quotation omitted). Failure to comply with the rules of appellate procedure is a proper ground for dismissing an appeal.

Harris v. Mound City Yellow Cab Company

367 S.W.2d 43 · Missouri Court of Appeals · Apr 16, 1963

It will be noted in that case that each act of the driver Brown was conjunctively submitted to the jury as negligence and as the direct cause or contributing cause of the collision. The case of Watson v. … Jewell v. Arnett, Mo., 318 S.W.2d 277, 279 ;. Bowers v. Etherton, Mo., 216 S.W.2d 83 , 87; Wilson v. Northwestern Electric Power Cooperative, Mo.App., 301 S.W.2d 882 .

Ortbals v. Special School District of St. Louis County

762 S.W.2d 437 · Missouri Court of Appeals · Oct 25, 1988

Board of Education, Mt. Vernon Schools v. Shank, 542 S.W.2d 779, 781-82 (Mo.banc 1976) (quoting Merideth v. Board of Education of Rockwood R-6 School Dist., 513 S.W.2d 740, 745 (Mo.App.E.D.1974)). … In her brief before this court, Ortbals cites Brouillette v.

Kissane v. Brewer

208 Mo. App. 244 · Missouri Court of Appeals · May 23, 1921

Co. v. McClelland, 9 Colo. 11, 21 ; United Securities Co. v. Ostenbery, 60 Colo. 249 ; State ex rel. v. Bankers Trust Co., 157 Mo. App. 557, 568 ; Coleman v. Tepel, 230 Fed. 63, 67 ; Central Trans. Co. v. … J. 236; Hemmick v. Standard Oil Co., 91 Fed. 332 ; Harrison v.

Kramer v. Mason

806 S.W.2d 131 · Missouri Court of Appeals · Mar 26, 1991

Franklin v. Board of Directors School Dist. of Kansas City, 772 S.W.2d 873, 883 (Mo.App., W.D.1989). … Mueller v. Ruddy, 617 S.W.2d 466, 475 (Mo.App., E.D.1981).

McClure Bros. v. School District

79 Mo. App. 80 · Missouri Court of Appeals · Feb 20, 1899

Finch, v. Board of Education, 30 Ohio, 37; Bank v. School Dist., 51 N. W. Rep. (Minn.) 269; Bigelow v. Randolph, 14 Gray, 541 ; Elmore v. Drainage Com’rs, 135 Ill. 269 . … If so, this would enable it not only to keep the material but .also the money which its board of directors was authorized to use in procuring the same. Can it keep both? May v. Juneau Co., 30 Fed. Rep. 241; Ham v.

Jackson v. State

421 S.W.3d 571 · Missouri Court of Appeals · Feb 25, 2014

Jackson relies on Brown v. State, 343 S.W.3d 760, 761 (Mo.App. … In Brown , the movant claimed trial counsel was ineffective because counsel told Brown he would serve no more than three to five years of any sentence imposed. Brown, 343 S.W.3d at 761 .

Cooper v. Jensen

448 S.W.2d 308 · Missouri Court of Appeals · Dec 1, 1969

Restatement of Contracts, Secs. 77-81; Corbin, Contracts, Vol. 1, pp. 627, 628; Williston, Contracts, Vol. 1, 3d Ed., pp. 396-397; Hudson v. Browning, Mo., 174 S.W. 393, 395 . … One, dated August, 1963, for $60, was marked “for room and board through August” and “Paid in full”. Another, also dated August, 1963, for $60 was marked “for room and board for September ’63”.

McCall v. Goldbaum

863 S.W.2d 640 · Missouri Court of Appeals · Oct 5, 1993

However, we are not bound by the Board’s decision on questions of law. Brixey v. Personnel Advisory Bd., 607 S.W.2d 825, 827 [2] (Mo.App.1980). … Chapman v. Board of Probation and Parole, 813 S.W.2d 370, 371 [1] (Mo.App.1991).

Matter of Estate of Potashnick

841 S.W.2d 714 · Missouri Court of Appeals · Oct 6, 1992

Board of Education, 340 S.W.2d 619, 621 [1] (Mo.1960); Duncan v. Missouri Board for Architects, 744 S.W.2d 524, 531 [6] (Mo.App.1988). … Further, this court in Brown v.

Ryan v. Baptiste

565 S.W.2d 196 · Missouri Court of Appeals · Apr 18, 1978

Thus, in reviewing the action of the Board in this case, we believe the standard to be applied is reasonableness. Hidden Harbour Estates, Inc. v. Norman, supra. See also Forest Park Cooperative, Inc. v. … Hellman, 2 Misc.2d 183 , 152 N.Y.S.2d 685 (1956); Amoruso v. Board of Mgrs. of Westchester Hills Con., 38 A.D.2d 845 , 330 N.Y.S.2d 107 (1972).

State Ex Rel. Sheridan v. Hudson

400 S.W.2d 425 · Missouri Court of Appeals · Feb 15, 1966

Nicolai v. Board of Adjustment of City of Tucson, 55 Ariz. 283 , 101 P.2d 199 . … Adams v. Board of Zoning Adjustment of Kansas City, Mo.App., 241 S.W.2d 35 ; Nelson v. Donaldson, supra; Nicolai v. Board of Adjustment of City of Tucson, supra.