Hartwig Transit, Inc. ("Employer") appeals the Department of Labor and Industrial Relations Commission's ("Commission") Order dismissing Employer's Application for Review of the Administrative Law Judge's ("ALJ") Temporary or Partial Award of benefits to Brian Cooper ("Claimant"). We dismiss the appeal because we have no statutory authority to review the Commission's decision to deny an employer's request that it review an ALJ's Temporary or Partial Award... ......  

Kenneth Ison ("Ison") appeals the dismissal of his Rule 29.07 motion on the grounds that the trial court lacked jurisdiction to entertain the motion because it was untimely. We find that, because Ison received a suspended execution of sentence (SES) and was never sent to the Department of Corrections, his motion was timely and could be raised under Rule 29.07 rather than a writ of habeas corpus. The court, therefore, erred in finding that it had no jurisdiction... In 1997 Ison pleaded...  

Marianne Bennett appeals the decision of the Labor and Industrial Relations Commission that it did not have jurisdiction over Bennett's motion to join her spouse as an additional party to her workers' compensation claim in which she was awarded permanent total disability benefits from the Second Injury Fund. Bennett contends that, pursuant to the Missouri Supreme Court's decision in Schoemehl v. Treasurer of the State of Missouri, 217 S.W.3d 900 (Mo. banc 2007), the Workers' Compensation Act...  

Barsto Construction, Inc., (Barsto) appeals the trial court's setting aside of a default judgment entered in its favor against Gladstone Senior Partners, LP (Gladstone). On appeal, Barsto argues that the court abused its broad discretion to set aside the default judgment because Gladstone's submission of an affidavit attesting that it believed it updated its Missouri registered agent as to the address of its new general partner did not establish "good cause." We affirm the trial court's...  

Gary R. Thomas (Defendant) appeals from the judgment upon his conviction by a jury for second-degree assault, Section 565.060, RSMo 2000,1 for which Defendant was sentenced to five years' imprisonment. On appeal, Defendant argues the trial court erred: (1) in overruling Defendant's motion for judgment of acquittal at the close of all evidence and in entering a judgment of conviction against Defendant because the State failed to make a submissible case for second-degree assault; (2) in...  

David C. Sanning (Defendant) appeals from a judgment of conviction claiming that the State failed to present sufficient evidence to make a submissible case on the charge of failure to appear for confinement, in violation of Section 575.2201. However, because Defendant voluntarily, knowingly, and intelligently waived his rights to file a direct appeal in exchange for the State's recommendation of a two-year sentence, which was the sentence imposed, Defendant received "the benefit of the...  

Introduction... Plaintiff American Association of Orthodontists (AAO) sued Defendant Yellow Book USA, Inc. (Yellow Book) for unfair competition for Yellow Book's listing of general dentists as orthodontists in its "yellow pages" directories. AAO claims the listing lacks a statutorily required disclaimer that the general dentists are deficient in specialized training and certification as orthodontists. The Circuit Court, St. Louis County, Melvyn W. Weisman, J., granted Yellow Book's...  

The Director of Revenue (Director) appeals from the trial court's judgment reinstating the driving privileges of petitioner, Marjorie Rugg, after Director suspended them pursuant to section 302.505 RSMo (2000).1 The trial court found that Director's evidence failed to show that the arresting officer had probable cause to arrest petitioner for driving while intoxicated and that petitioner did not have a blood alcohol concentration (BAC) of... 08%. We reverse and remand with directions... Around...  

Introduction... Deuster Electric, Inc. (Employer) appeals from the order of the Labor and Industrial Relations Commission (the Commission) affirming the decision of the Division of Employment Security Appeals Tribunal granting employee Matthew Frisella (Claimant) unemployment compensation benefits. The Commission found Claimant was not disqualified from benefits because he was not terminated from his employment for misconduct connected with his work. We affirm... ... ... Background... Claimant...  

A.G. Edwards & Sons, Inc. and Kelly Waller (collectively "Brokers") appeal from the order and judgment of the trial court denying their motion to dismiss the lawsuit (or in the alternative to stay the action and compel arbitration) of Linda Harris, daughter of the late Lessie M. Delk ("Deceased"), filed in her capacity as personal representative of Deceased's estate. We reverse and remand with instructions... Deceased received a settlement of approximately $2,500,000 to...  

The Missouri Dam and Reservoir Safety Council ("the State") filed a Petition for Injunctive Relief and Civil Penalties, alleging that Paul and Marilil Olive (collectively, "Respondents") owned real property in Greene County, Missouri, on which a dam, referred to as Rainbow Lake Dam ("the dam"),was located. The petition... ... ... further alleged that the dam was subject to regulation by the State pursuant to the Dam and Reservoir Safety laws ("safety laws"),...  

Payroll Advance, Inc. ("Appellant") appeals from the judgment of the trial court entered in favor of Barbara Yates ("Respondent") on Appellant's petition for injunctive relief and breach of contract of an "Employment Agreement" ("the Employment Agreement") which contains a covenant not to compete. After a bench trial, the trial court found the Employment Agreement and its non-compete covenant signed by the parties was not valid in that it was "unreasonable...  

Peggy Tillman ("Relator") was in a vehicle with her son, John McAnulty ("Plaintiff"), when they were involved in an accident. Plaintiff was injured and sued Relator, who had an insurance policy with Consumers Insurance to provide a defense for Relator. Plaintiff alleges Relator made statements to her insurance carrier at the time of the accident and propounded a Request for Production of Documents upon Relator seeking "copies of written statements of [Relator]." Relator...  

Sherry K. Byers (Byers) appeals a grant of summary judgment against her on her claim for uninsured motorist benefits when she was injured as a passenger in a vehicle operated by an insured of Shelter Mutual Insurance Company (Shelter). We affirm because the policy specifically does not provide uninsured motorist (UM) coverage to Byers because she was not an "insured" under the policy. The policy provision does not violate the public policy of the Motor Vehicle Safety Responsibility Law...  

AG Processing, Inc. and Sedalia Industrial Energy Users Association were the relators seeking judicial review of a PSC ruling in the circuit court in this case. The relators below (hereafter often collectively referred to as "the Consumers") appeal the circuit court's judgment dismissing their petition for judicial review of the PSC's order of May 25, 2007, for lack of jurisdiction due to lack of finality. Finding no error, we affirm... Background... Aquila has approximately 301,000...  

Scot Fransk appeals the circuit court's judgment dismissing his petition for declaratory relief and for damages under 42 U.S.C. § 1983 for alleged violations of due process. Fransk asserts that the Curators of the University of Missouri (University)1 summarily discharged him from his employment with the University on the first day after his probationary period ended. He contends that he was entitled to due process because he had a property interest in his... ... ... employment and was...  

After law enforcement officers seized business records and computer evidence while executing a search warrant on the premises of their three businesses, Patrice and Eddie Robertson filed a motion to quash the search warrant and for return of the seized property. The circuit court denied their motion. The Robertsons appeal. Because the circuit court's order denying the Robertsons' motion was not a final, appealable judgment, we dismiss the appeal for lack of jurisdiction... ... ... On March 7,...  

Mr. Leon Pettis appeals the circuit court's grant of judgment on the pleadings for the Department of Corrections (DOC), denying his request for a declaratory judgment that he was entitled to jail-time credit under section 558.031.1 We affirm... Factual and Procedual Background... Mr. Leon Pettis was convicted of first-degree murder in Jackson County and sentenced to life in prison in 1981. He was subsequently given a "scheduled release date" of September 22, 2004. See Pettis v. State,...  

Jennifer Eldridge appeals from a summary judgment ruling that denied coverage under an automobile insurance policy issued by Columbia Mutual Insurance Company. Eldridge contends the circuit court erred in granting summary judgment because the insurance policy was ambiguous in failing to define the term "driver." As explained herein, we find no ambiguity and affirm the summary judgment... When considering appeals from summary judgments, we review the record in the light most favorable to...  

Jeff Hodges ("Defendant") appeals the trial court's judgment against him and in favor of Larry Mays ("Plaintiff") in the amount of $2,673.32 for past-due rent. Defendant challenges the judgment in three points: (1) he was not the tenant under the rental agreement; (2) any ambiguity as to the tenant's identity should be construed against Plaintiff as the drafter; and (3) there was substantial and credible evidence that the past-due rent had been paid. Finding no merit in any of...