The Crawford Group, the parent company of Enterprise Rent-A-Car, appeals from the district court’s1 order confirming an arbitration award of some $20.7 million in favor of William F. Holekamp in a dispute over the value of Holekamp’s stock in the company. We affirm.

Holekamp began his employment with Crawford in St. Louis in 1976, having earlier worked for Enterprise Car Rental. In 1980... More...   $0 (10-08-2008 - MO)

Appellants, Billy Skaggs and K.B. Winterowd, appeal from a judgment entered in the Circuit Court of Jackson County granting summary judgment to the City of Kansas City, Missouri, in their action seeking a declaration that the City Council exceeded its authority in extending a new employment contract to City Manager Wayne Cauthen. For the following reasons, we affirm the trial court's judgment.
... More...   $0 (09-30-2008 - MO)

In September of 2005, Joshua McKinney of ABBA Electric installed a new electric meter pedestal at a mobile home park in Nevada, Missouri. Mr. McKinney also installed three wires connecting the pedestal to Paul and Connie Scott's recently purchased mobile home. The City of Nevada (the City) had adopted the National Electric Code (NEC)(FN1) by ordinance as the regulations governing electrical instal... More...   $0 (09-30-2008 - MO)

St. Andrews Management Services, Inc. (St. Andrews) and New Florence Nursing Home, Inc. (New Florence) (collectively referred to as Appellants) appeal from the trial court's order granting survivors(FN1) (collectively referred to as Plaintiffs) of Zenia Bishop (Decedent) a new trial on the grounds of instructional error for failing to allow the jury to apportion fault among Appellants and a dismis... More...   $0 (10-02-2008 - MO)

Appellant Larry Wages filed suit against Respondent Matt Young, alleging that Young breached their agreement for repair of Wages' automobile. The circuit court dismissed Wages' Petition on the basis that it was time barred. We affirm.

I. Facts

Wages initially filed suit against Young on June 8, 2006, in the Circuit Court of Chariton County (the "2006 action"). Wages' First Amended Pe... More...   $0 (09-02-2008 - MO)

This appeal stems from a suit involving a will contest and an antenuptial agreement brought by a surviving spouse. The surviving husband was omitted from his deceased wife's will. He brought suit asserting that he was a pretermitted spouse, an antenuptial agreement barring him from asserting his rights to the assets of a revocable trust was void and unenforceable, and the assets of the revocable t... More...   $0 (09-02-2008 - MO)

Wentzville Park Associates, L.P. ("Associates"), owner of the Wentzville Park Nursing Home (the "nursing home"), and its insurer, Western Heritage Insurance Company,(FN1) appeal the grant of summary judgment in favor of American Casualty Insurance Company of Reading, PA on their equitable contribution claim. Western Heritage issued an insurance policy to Associates which provided professional liab... More...   $0 (09-02-2008 - MO)

Thomas Trotter and Madeleine Trotter (Collectively, "Plaintiffs") appeal from a judgment and order of the Circuit Court of St. Louis County dismissing their petition against William Distler and Margaret Distler (Collectively "Defendants") for failure to comply with the court's order. We reverse and remand.

Factual and Procedural Background


On March 7, 2006, Plaintiffs filed a fou... More...   $0 (09-02-2008 - MO)

In September 2005, Boone County filed a petition against numerous landowners with property abutting Howard Redden Road, including Appellant Ann Rae Beasley as trustee of the Ann Rae Beasley Revocable Living Trust, seeking to have Howard Redden Road declared a public road. The County also sought to enjoin two of the landowners from interfering with the public maintenance and use of the road.
More...   $0 (09-09-2008 - MO)

Joseph Tauvar's automobile liability policy, issued by American Family Mutual Insurance ("American Family"), provided for up to $10,000 in medical benefits in the event of an accident. Tauvar was injured in a car accident in October 1997. He subsequently filed $10,000 worth of claims for medical expenses associated with the car accident.

American Family investigated the claims, asking Dr. J... More...   $0 (09-09-2008 - MO)

Appellants Kari Kinnaman-Carson and Randy Carson appeal the circuit court's Amended Judgment and Order granting Respondent Westport Insurance Corporation's motion for summary judgment on the Carsons' claims. Because the Carsons' damages were excluded under the unambiguous language of the insurance policy issued by Westport to ABC Specialty, Inc., we affirm.

Factual Background

On Augu... More...   $0 (09-09-2008 - MO)

Chesterfield Management Associates, L.P. ("Seller") appeals the judgment of the Circuit Court of St. Louis County granting G.H.H. Investments, L.L.C.'s ("Purchaser") petition for specific performance of Seller's contract to sell real property to Purchaser ("Contract"). Section 7 of the Contract conditioned Purchaser's obligation to close on the property upon the satisfaction of certain zoning and ... More...   $0 (09-09-2008 - MO)

Lisa Rozier and the Rozier Group, Inc. (collectively Defendants) appeal from the judgment in favor of Vicki Czapla and Tracee Davis (collectively Plaintiffs) for $125,000 arising from Plaintiffs' fraud claim. On appeal, Defendants argue the trial court erred in entering judgment in favor of Plaintiffs because: (1) a bankruptcy "stay" prevented the state court case from proceeding and (2) there was... More...   $0 (09-09-2008 - MO)

Joseph Burian ("Burian") appeals from the trial court's judgment granting Country Insurance & Financial Services' ("Country") motion for summary judgment asserting Burian's claim was barred by Rule 67.02(a). Burian argues the trial court erred in granting Country's motion for summary judgment because the dismissal of his prior suit on February 26, 2007 was without prejudice and was not an adjudica... More...   $0 (09-16-2008 - MO)

Plaintiffs Gateway Hotel Holdings, Inc., Richfield Hospitality Services, Inc., Richfield Holdings, Inc. (collectively referred to as the Gateway Plaintiffs), and Liberty Mutual Fire Insurance Company, and Liberty Mutual Group (collectively referred to as the Liberty Mutual Plaintiffs), appeal the trial court's summary judgment order against them and in favor of Defendant Lexington Insurance Compan... More...   $0 (09-16-2008 - MO)

Union Electric Company d/b/a AmerenUE ("AmerenUE") appeals from the judgment in favor of Collins & Hermann, Inc., Lawrence Excavating, Inc., Busy Bee Paving, Inc., and Construction Logistics Equipment Company (collectively "Subcontractors"). Subcontractors originally brought mechanic's liens against AmerenUE when the general contractor, TM2 Construction Company, Inc. ("TM2"), did not fully pay the... More...   $0 (09-16-2008 - MO)

Patrice Rhodes ("Rhodes") appeals from the judgment of the trial court that awarded Luvator Moore ("Moore") $980.00 on the latter's claim for wrongful withholding of security deposit, and found in favor of Moore on Rhodes's counterclaims for failure to pay the entire security deposit and for breach of the lease. Due to Rhodes's failure to comply with the requirements of Rule 84.04, we dismiss this... More...   $0 (09-19-2008 - MO)

Appellant Lighthouse Pentecostal Church, et al. appeals from the circuit court of St. Louis County's grant of summary judgment in favor of Respondent Jeffrey Snyder, et al., the Honorable Steven H. Goldman presiding. We dismiss Appellant's appeal because we are without jurisdiction due to several deficiencies; most notably, Appellants failed to timely file a notice of appeal.(FN1)

Factual ... More...   $0 (09-19-2008 - MO)

This case involves an appeal from the grant of summary judgment in favor of an insurance company, Nautilus Insurance Company ("Nautilus"), in its action seeking a declaratory judgment that it had no duty to defend or indemnify its insured, the Jesse James Festival Committee ("JJF"), in an action for personal injury filed by the appellant, Gary Newlun ("Newlun"), for injuries he sustained as a resu... More...   $0 (09-19-2008 - MO)

Steve and Diane Bell appeal from the trial court's judgment awarding damages against the Bells and allowing remedial action on Joe Riddell's property. The Bells raise four points on appeal. They contend that the trial court erred in measuring damages based on the cost of repair; in awarding damages they claim were barred for Mr. Riddell's failure to mitigate his damages; in refusing their request ... More...   $0 (09-19-2008 - MO)

Lisa and Patrick Giles appeal the judgment after jury trial in favor of Riverside Transport, Inc. (Riverside Transport) and Rickie Licht. The eight points on appeal contend the trial court erred in: excluding evidence; refusing to allow a fourth amended petition; failing to strike a venireperson for cause; failing to allow an offer of proof; and failing to grant a new trial because the verdict was... More...   $0 (09-19-2008 - MO)

In this diversity case, Dana Lynn Wolfley sued Solectron USA, Inc. for negligence (and his spouse sued for loss of consortium). After an ice storm, Wolfley was injured by a slip and fall at Solectron’s facility in Creedmoor, North Carolina. The district court1 granted summary judgment to Solectron. Applying North Carolina law, the court concluded Solectron had no duty to warn Wolfley of the open... More...   $0 (09-08-2008 - MO)

Chrystin Pleasants filed suit on behalf of herself and a putative class, alleging that American Express Company and American Express Incentive Services (AEIS) violated the Truth in Lending Act (TILA), 15 U.S.C. § 1601 et seq., by issuing preloaded, stored-value cards without making the disclosures required under the TILA.

The district court2 dismissed American Express Company, without obje... More...   $0 (09-09-2008 - MO)

Cincinnati Indemnity Company issued a workers’ compensation policy to A&K Construction Company d/b/a Kirchner and Company (A&K). Cincinnati sued for a declaratory judgment that Kevin Kirchner was not an A&K employee when he was injured on May 17, 2006. Both Kirchner and A&K moved to dismiss for lack of subject matter jurisdiction. The district court granted the motions to dismiss under Federal R... More...   $0 (09-15-2008 - MO)

In this action, the Missouri Coalition for the Environment Foundation (the “Coalition”) seeks disclosure of a number of documents from the United States Army Corps of Engineers (the “Corps”) pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. The district court granted summary judgment in favor of the Corps on the basis that the deliberative process privilege, 5 U.S.C... More...   $0 (09-18-2008 - MO)

Gina M. Jenkins sued Donald C. Winter,1 Secretary of the Navy (the Navy), End to End, Inc. (ETE), Wesley Jones, and Clayton Hartley for sexual harassment and retaliation. In addition, Jenkins asserted state law claims against Jones and Hartley for assault and battery, and defamation of character. The Navy and ETE moved for summary judgment; the district court granted it. The court also granted Har... More...   $0 (09-02-2008 - MO)

Derald Richey was terminated by the City of Independence, Missouri, in May 2004. Richey sued the City and his human resources director, Debra Craig, under Title VII and 42 U.S.C. § 1983. Richey later dropped the Title VII claim and added a claim under the Missouri Human Rights Act (MHRA). The district court2 granted summary judgment for the City on both remaining claims. Richey v. City of Indepen... More...   $0 (09-03-2008 - MO)

In this diversity action, plaintiff STL 300 N. 4th LLC appeals the district court’s grant of summary judgment and declaratory judgment in favor of defendant Value St. Louis Associates, L.P. For the reasons explained below, we reverse and remand.

I.

On April 21, 1964, a ground lease was entered into for real estate located at 300 North 4th Street in St. Louis, Missouri; the lease wa... More...   $0 (09-03-2008 - MO)

In this licensing dispute with the City of Saint Louis, Level 3 appeals, challenging, among other things, the district court's1 denial of Level 3's motion to reopen discovery and the court's grant of summary judgment in the City's favor on the City's claim that neither the license agreement between the parties nor St. Louis City Revised Code Chapter 23.64 (the city ordinance) prohibits or effectiv... More...   $0 (09-03-2008 - MO)

Mark Sindecuse appeals an adverse grant of summary judgment on his Missouri common law fraud claim against Dean Katsaros and CIB Marine Bancshares, Inc. We affirm the judgment of the district court.1

I.

Sindecuse purchased stock from CIB in private sales from 1995 to 1998, at prices of over $1,000 per share. Katsaros was Sindecuse’s accountant and a director of CIB. Sindecuse alleg... More...   $0 (09-05-2008 - MO)

Michael Allen Porter filed for bankruptcy under Chapter 7 of the Bankruptcy Code. Holly Sells filed an adversary complaint against Porter, seeking to bar the discharge of a judgment debt that she had obtained against him in an employment retaliation case. The bankruptcy court gave collateral estoppel effect to the judgment, finding that the jury in the retaliation case necessarily found that Porte... More...   $360000 (08-26-2008 - MO)

JCB, Inc. brought this action against Union Planters Bank, N.A. (Bank) seeking a declaratory judgment and damages for trespass and conversion for unilateral removal and sale of equipment which had been purchased by their debtor, Machinery, Inc. and was subject to their competing security interests. The district court referred some of the issues in dispute to the bankruptcy court which determined t... More...   $1087500 (08-26-2008 - MO)

In 1976, a lawsuit brought by the United States and by the Firefighters Institute for Racial Equality (FIRE) alleging racially discriminatory hiring and promotion by the St. Louis Fire Department (SLFD) was resolved by entry of a complex consent decree providing, in relevant part, that the City would hire qualified black applicants “for least fifty percent (50%) of the vacancies for the entry le... More...   $0 (08-28-2008 - MO)

Plaintiffs-Appellants Leggett & Platt, Inc. and L&P Property Management Co. (collectively, “L&P”) sued Defendant-Appellee VUTEk, Inc. (“VUTEk”) alleging that certain of VUTEk’s large-scale printers infringe claims 1-3, 7, 9-10, and 19 of L&P’s U.S. Patent No. 6,755,518 (the “’518 patent”). VUTEk filed a motion for summary judgment alleging that the asserted claims of the ’518 p... More...   $0 (08-21-2008 - MO)

Alternate Fuels, Inc. (AFI) and its President, Larry W. Pommier, sued two officials of the Missouri Department of Natural Resources (DNR) – Thomas M. Cabanas and Richard A. Hall – for denial of equal protection, tortious interference with contract, and First Amendment retaliation. Summary judgment was granted to Cabanas and Hall on all claims except part of AFI’s tortious-interference-with c... More...   $0 (08-18-2008 - MO)

On or about August 22, 1980, Appellants and other plaintiffs(FN1) (together, the "Sellers") conveyed title to the Property, a five-acre parcel of land at 593 Duenke Road, Foristell, St. Charles County, Missouri, to Harold and Eleanor Duenke by general warranty deeds. The Property was carved out of and contiguous with land retained by Sellers. On or about August 30, 1980, Harold and Eleanor Duenke ... More...   $0 (08-24-2008 - MO)

Routt Homes, LLC ("Defendant") appeals from a judgment in favor of T.J. Schoenlein, Delora Hunter, Douglas Bice and Cynthia Bice (jointly, "Plaintiffs") in the Circuit Court of St. Charles County. Defendant argues that the trial court erred in finding in favor of Plaintiffs because Plaintiffs failed to prove they suffered an ascertainable loss of money or property. We find that the trial court err... More...   $20000 (08-24-2008 - MO)

Oak Bluff Condominium Owner’s Association, Inc. ("Oak Bluff") appeals from judgments denying its claims for dues, fees, and special assessments against Oak Bluff Partners, Inc. ("Partners") and Mariner Pier 31 Yacht Club, L.L.C. ("Mariner") (collectively "Respondents"). The two cases were consolidated for purposes of trial and tried to the court without a jury. We address the two appeals in one... More...   $0 (08-23-2008 - MO)

Larry Boshears (Boshears) and Jamie Baggett (Baggett) sued Saint-Gobain Calmar, Inc. (Calmar), and William T. Whitlow for negligence due to the injuries they suffered while performing work for Calmar on property leased by Calmar. A jury found for Boshears and Baggett. After comparative fault adjustments by the circuit court, the verdict in favor of Boshears was for $1,360,000 and the verdict in fa... More...   $3060000 (08-15-2008 - MO)

The defendants, Bernard Reinert ("Reinert") and Reinert & Duree, P.C. n/k/a Reinert & Rourke, P.C. ("the law firm"), appeal the judgment entered against Reinert by the Circuit Court of the City of St. Louis following a jury trial. The plaintiffs, KJJ, Ltd. n/k/a KJJ, Ltd. III, John Keeley, Jo Ann Keeley, and Kevin Keeley, also appeal. The judgment, however, is not final because it fails to dispose... More...   $0 (08-12-2008 - MO)