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Missouri Attachment Law
 
Natasha Dallas v. American General Life

Natasha Dallas sued American General Life and Accident Insurance Company (American General), alleging American General breached the terms of a life insurance policy Dallas purchased. On cross-motions for summary judgment, the district court denied Dallas’s motion for 1 partial summary judgment and granted judgment to American General. Dallas appeals, and having jurisdiction under 28 U.S.C. § 12... More...   $0 (03-11-2013 - mo)

Dittmer Properties v. FDIC

Dittmer Properties, L.P., Dittmer Holdings, L.L.C., Barkley Center Holdings, L.L.C., Bufurd Farrington, and UMB Bank, N.A. (collectively "Dittmer") appeal the district court's1 dismissal under Federal Rule of Civil Procedure 12(b) of their two lawsuits against a failed bank, the Federal Deposit Insurance Corporation (FDIC) as the bank's receiver, and Cathy Richards, successor personal representati... More...   $0 (02-28-2013 - MO)

John M. Kohl v. Jill M. Kohl

John Kohl ("Father") appeals from a judgment entered in the Circuit Court of Cole County granting Jill Kohl's ("Mother") motion to modify child support. For the following reasons, the appeal is dismissed, and the case is remanded for further proceedings. Father and Mother were married on November 21, 1992. Four children were born of the marriage.

On May 26, 2005, the circuit court entered i... More...
   $0 (11-06-2012 - MO)

Educap, Inc. v. Tyler Smith

Educap, Inc. (“Appellant”) appeals the judgment of the trial court which found in favor of Tyler Smith (“Respondent”) on Appellant’s “PETITION – BREACH OF CONTRACT” which sought a monetary award in the total amount of approximately $24,420.36.1 Following a bench trial, the trial court entered a judgment in favor of Respondent. Appellant asserts four points of trial court error rela... More...   $0 (03-13-2012 - MO)

Elaine Khoury v. Conagra Foods, Inc.

Elaine and Alex Khoury (“the Khourys”) appeal from the judgment of the Circuit Court of Jackson County, Missouri (“trial court”), upon a jury verdict in favor of ConAgra Foods, Inc. (“ConAgra”), on the Khourys‟ personal injury claim for damages. The Khourys claim, first, that the trial court erred in restricting or refusing certain rebuttal evidence they offered at trial; and, second... More...   $0 (03-06-2012 - MO)

Cach, LLC v. Jon Askew

Jon Askew appeals a judgment of the circuit court entered in an action brought by CACH, LLC, a debt collector that allegedly had been assigned an outstanding debt owed by Askew. Askew claims that the circuit court erred in entering the judgment because CACH did not properly demonstrate that it had been assigned the debt in question and that the circuit court improperly admitted exhibits based on t... More...   $0 (01-17-2012 - MO)

Amanda M. Simmons v. Heartland Wood Products, Inc.

Amanda Simmons, James Simmons, and Barbara Simmons1 (collectively “Plaintiffs”) appeal the trial court’s judgment in their wrongful-death action entered after a jury verdict in favor of Heartland Wood Products, Inc. (“Heartland”). The jury assigned fault to both the decedent and the decedent’s father, absolving Heartland of any liability in the decedent’s death as a result of a const... More...   $0 (12-09-2011 - MO)

Kenneth Whithaus v. The Curators of the University of Missouri

Mr. Kenneth Whithaus appeals from the trial court‟s judgment dismissing his suit against the Curators of the University of Missouri. Mr. Whithaus sought reinstatement of his long-term disability benefits, and the trial court found it lacked subject matter jurisdiction. We reverse and remand.

Factual and Procedural Background

According to the allegations in the petition, Mr. Whi... More...
   $0 (08-16-2011 - MO)

Macheca Transport Company v. Philadelphia Indemnity Ins.

Macheca Transport Company and David and Starlin Macheca (Macheca) sued Philadelphia Indemnity Insurance Company (Philadelphia) seeking insurance coverage for damages resulting from a pipe rupture in Macheca's refrigerated warehouse. After we reversed the original grant of summary judgment in favor of Philadelphia, see Macheca Transp. Co. v. Phila. Indem. Ins. Co., 463 F.3d 827 (8th Cir. 2006) (Mac... More...   $0 (08-09-2011 - MO)

Court of 5 Gardens Condominium Association v. 10330 Old Olive, L.L.C.

Defendant, 10330 Old Olive, LLC, appeals from the judgment denying its motion to set aside a default judgment. We affirm in part, reverse in part and remand.

Background

On December 30, 2008, plaintiff, Court of 5 Gardens Condominium Association, filed a two-count petition for breach of contract and suit on account. Plaintiff alleged that defendant, as a successor in interest, breache... More...
   $0 (12-14-2010 - MO)

Fred Charles Moon v. Virgil Hurd, Jr.

Fred C. Moon, Chapter 7 trustee (the “Trustee”) for the bankruptcy estate of Virgil Hurd, Jr. (the “Debtor”), appeals from an order overruling the Trustee’s objection to the Debtor’s claim of an exemption in a 1997 Wrangler Gooseneck 2 Horse Trailer (the “Trailer”) pursuant to § 513.430.1(6) of the Missouri Revised Statutes. We have jurisdiction over this appeal from the final ord... More...   $0 (12-15-2010 - MO)

Cach, LLC v. Eddie M. Lawrence

Eddie M. Lawrence ("Appellant") appeals a judgment in favor of CACH, LLC ("CACH") in the amount of $19,457.99, arising from Appellant's delinquent credit card account ("Account"). We affirm the judgment of the trial court.

Factual and Procedural History

On May 22, 2007, CACH, a debt buyer, purchased from Bank of America ("BOA") a portfolio of debt accounts incurred by credit card usa... More...
   $0 (10-29-2010 - MO)

Lathrop R-II School District v. William Gray

William Gray alleges that his son D.G., a student with autism, was not provided a free appropriate public education (FAPE) by Lathrop R-II School District (the District) as required by the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400 et seq. He and D.G.'s mother brought a successful challenge through an administrative hearing process. The district court1 reversed the dec... More...   $0 (07-02-2010 - MO)

Julia Matthey v. St. Louis County and Eric T. Tolen

Eric T. Tolen (Appellant) appeals from the trial court’s judgment granting Julia Matthey’s (Respondent) claim for declaratory judgment. In its declaratory judgment, the trial court concluded that Respondent was the rightful owner of 100 Krugerrands in the possession of the St. Louis County Police Department and ordered the Police Department to deliver possession of the Krugerrands to Responden... More...   $0 (12-01-2009 - MO)

Supplemental Medical Services v. Medi Plex Health Care

Medi Plex Health Care (Medi Plex) appeals from the trial court's judgment, following a bench trial, finding in favor of Supplemental Medical Services, Inc., d/b/a StaffLink (StaffLink) on StaffLink's petition for breach of contract and suit on account against Medi Plex. StaffLink cross-appeals from the same judgment. StaffLink's petition alleged that Medi Plex failed to pay StaffLink the charges a... More...   $0 (09-22-2009 - MO)

Mohamid A. Hamid v. Kansas City Club

Mohamid Hamid appeals the trial court‟s judgment granting Kansas City Club‟s motion to dismiss his petition for failure to state a claim. On appeal, Mr. Hamid contends that his petition stated a claim for wrongful discharge under the public policy exception to the employment at will doctrine. The judgment of the trial court is reversed.

Factual and Procedural Background

Moham... More...
   $0 (09-22-2009 - MO)

FTC v. Richard Neiswonger

Richard Neiswonger (Neiswonger) appeals the district court’s1 entry of a civil contempt order against Neiswonger for Neiswonger’s violations of a prior permanent injunction, enjoining him from using deceptive and misleading sales practices. Neiswonger claims the district court erred in denying Neiswonger’s motion for a separate hearing on the issues of damages and disgorgement of profits and... More...   $0 (09-09-2009 - MO)

Mihlfeld & Associates, Inc., et al. v. Bishop & Bishop, LLC, et al.

Mihlfeld & Associates, Inc. ("Mihlfeld") and Global Transportation Systems, Inc. ("GTSI") (collectively "Appellants") brought the underlying action, seeking to enforce restrictive covenants and non-competition provisions contained in written employment agreements against two former employees, William Bishop ("Bishop") and Michael Rootes ("Rootes"), and a competing company founded by Bishop and his... More...   $0 (08-10-2009 - MO)

Ronald Scharf, et al. v. Alexander Kogan, et al.

Alexander Kogan (“Mr. Kogan”), Phillip Kogan, IPD Sales & Marketing, LLC1 (“IPD”), OOO Air Structures American Technologies and Investment (“Air Structures”) (collectively the “Kogan Parties”)2 and Klaudia Kogan (“Mrs. Kogan”) appeal from the judgment of the trial court confirming the arbitration award issued in the dispute between the Scharf Parties3 and the Kogan Parties and ... More...   $0 (05-05-2009 - MO)

Renaissance Leaving, LLC, et al. v. Vermeer Manufacturing Company, Vermeer Great Plains, Inc.

This suit involves claims of breach of contract and misrepresentation brought by two limited liability companies (“LLCs”), all owned an controlled by a single member, who also brings suit individually, against the seller and manufacturer of a piece of heavy equipment. The plaintiffs appeal from the grant of summary judgment in favor of the defendants.

In simplest terms, this suit is a c... More...
   $0 (05-05-2009 - MO)

United States of America, etc v. Interface Construction Corp.

When the government awarded Interface Construction Corp. (“Interface”) a substantial contract to renovate portions of a federal building in St. Louis, the Miller Act required that Interface obtain a payment bond “for the protection of all persons supplying labor and material in carrying out the work provided for in the contract.” 40 U.S.C. § 3131(b)(2). Interface subcontracted electrical ... More...   $0 (01-29-2009 - MO)

Timothy Marckstadt v. Lockheed Martin Corporation Missiles & Fire Control, et al.

{1} Plaintiff-Appellant’s motion for rehearing is granted. The opinion filed in this case on June 6, 2008, is withdrawn and this opinion is substituted in its place.

{2} The question presented in this case is whether, under New Mexico law, the requirements for a valid rejection of uninsured motorist (UM) and/or underinsured motorist (UIM) coverage have been met when a business... More...
   $0 (07-08-2008 - MO)

Angela Basham and Scott Basham v. City of Cuba, Missouri

Angela Basham and Scott Basham (plaintiffs) brought an action against the city of Cuba, Missouri. Plaintiffs' petition was in two counts. Count I sought damages for nuisance. Count II was an action for inverse condemnation. Both counts were directed to damages sustained at property plaintiffs own in the city that was damaged as a result of a sewer backup. The trial court found for the city on both... More...   $0 (07-29-2008 - MO)

NLRB v. Bolivar-Tees

The National Labor Relations Board ("Board") held that Bolivar-Tees, Inc. ("Bolivar") committed unfair labor practices in violation of the National Labor Relations Act ("NLRA") and ordered the corporation to provide backpay to five former employees. However, when the United States Court of Appeals for the District of Columbia Circuit enforced the order, Bolivar was dissolved and had disposed o... More...   $0 (06-09-2008 - MO)

Comp & Soft, Inc. v. AT&T Corporation

Appellant Comp & Soft, Inc. (CSI) appeals the trial court's summary judgment in favor of Respondent AT&T Corporation (AT&T) on CSI's petition alleging breach of contract and related claims arising from an arrangement for the provision of information technology consultants. CSI asserts that the trial court erred in granting summary judgment because there were genuine issues of material facts in dis... More...   $0 (03-25-2008 - MO)

Sandra K. Greiner v. Robert F. Greiner

Robert Greiner (Husband) appeals from the judgment dissolving his marriage to Sandra Greiner (Wife). He challenges the division of property and award of maintenance and attorney's fees to Wife. We affirm.

FACTUAL AND PROCEDURAL HISTORY

Husband and Wife were married in 1973. Husband began attending medical school in 1975 and completed a four-year residency in pathology in 1986. Wife work... More...   $0 (10-20-2004 - MO)

Ronald J. Fischer v. Donald H. Brancato, et al.

Appellant Ronald J. Fischer ("Creditor") appeals from the trial court's judgment in favor of Respondents Donald H. Brancato ("Debtor"), Georgia D. Brancato ("Wife"), Donald H. Brancato, Inc. ("DHBI") and North County Orthopedics, Inc. ("NCOI") on his petition for civil conspiracy to engage in a fraudulent conveyance and civil conspiracy to tortiously interfere with his judgment lien. Creditor a... More...   $0 (08-24-2004 - MO)

Tina Wester v. Missouri Department of Labor and Industrial Relations

Tina Wester ("Claimant"), having exhausted all administrative procedures and remedies, appeals the denial of her application for unemployment benefits. (FN1) The Labor and Industrial Relations Commission ("the Commission") found that pursuant to Section 288.040 Claimant was not able and available for work because she was a part-time student and had restricted her work availability to periods when ... More...   $0 (05-24-2004 - MO)

In the Interest of D.L.W. and J.L.C.

This is a consolidated appeal of two termination of parental rights cases. The trial court terminated parental rights of Robyn Charlene Ward (mother) to D.L.W. in No. 25718 and to J.L.C. in No. 25719. (FN1) Both judgments are affirmed.

D.L.W.
D.L.W. was born June 25, 1996. He was removed from mother's custody "around December of 1998" after mother's parents conta... More...
   $0 (05-18-2004 - MO)

Stephanie Reeves Shelby v. Jeffrey Joseph Shelby.

Jeffrey Joseph Shelby (husband) appeals child custody, child support, and distribution of marital property provisions of a dissolution of marriage judgment.(FN1) This court affirms.

The trial court dissolved the marriage of Stephanie Reeves Shelby (wife) and husband, awarded the parties joint legal custody of their two children (boys born August 17, 1995, and March 28, 1997), granted wife pr... More...   $150000 (02-19-2004 - MO)

Teresa Johnson v. Missouri Board of Nursing Administrators

Appellant Teresa Johnson ("Johnson") appeals a judgment of the Circuit Court of Cole County upholding the decision of the Administrative Hearing Commission ("AHC") that Johnson's license to practice as a professional nursing home administrator in Missouri was subject to discipline by the Missouri Board of Nursing Home Administrators (" Board") and upholding the order of the Board revoking Johns... More...   $0 (01-30-2004 - MO)

Jimmie L. Brockman v. Regency Financial Corp

Jimmie Brockman appeals from the trial court's grant of a judgment notwithstanding the verdict to Regency Financial Corporation that set aside the jury's $30,000 punitive damages award in his favor. Brockman argues the trial court erred in granting a JNOV to Regency, because the evidence was sufficient to justify punitive damages, in that it showed Regency's evil motive or reckless disregard for t... More...   $30000 (01-22-2004 - MO)

Patania Lasker v. Clinton Johnson.

The issue in this case is whether or not a parent can alter his future child support obligations without the circuit court's approval by entering into an agreement with the other parent. We conclude that he cannot and affirm the circuit court's judgment in part and reverse it in part.

Clinton Johnson raises this issue in his appeal of the circuit court's judgment ordering him to pay $63,780 ... More...   $0 (11-12-2003 - MO)

State ex rel. GS Technologies Operating Co., Inc., d/b/a GST Steel Company v. The Public Service Commission of the State of Missouri & Kansas City Power & Light.

G.S. Technologies Operating Co., d/b/a GST Steel Company (GST), appeals the Public Service Commission's decision that GST had failed to prove that Kansas City Power & Light Company's (KCPL) imprudence caused an explosion that destroyed one of KCPL's generating units, resulting in KCPL's providing inadequate and unreliable service to GST and charging GST unjust and unreasonable rates. On appeal, GS... More...   $0 (09-16-2003 - MO)

Don King Equipment Company and Don King v. Double D Tractor Parts, Inc., David E. Eftink and Doris J. Eftink.

This case involves cross appeals from a judgment entered in a contract dispute arising from the sale of a part of the business of Don King Equipment Co. ("King Equipment") to Double D Tractor Parts, Inc. ("Double D"). We affirm in part, and reverse in part.

King Equipment, owned by Don King ("King"), was in the business of the purchase and sale of new and used farm equipment, parts and salva... More...   $200000 (07-29-2003 - MO)

Richard Ruestman v. Dorothy Ruestman, Personal Representative of the Estate of Walter F. Ruestman.

Richard Ruestman ("Respondent"), as an individual, brought suits against his father's second wife, Dorothy Ruestman ("Appellant" ), as personal representative of the Estate of Walter F. Ruestman. (FN1) The suits were denominated as a suit for the discovery of assets and a will contest action.(FN2) The suits were tried to the jury with the following verdict directors:

INSTRUCTION NO. ... More...   $0 (05-15-2003 - MO)

RGB2, Inc. v. Chestnut Plaza, Inc.

RGB2, Inc., (plaintiff) appeals a judgment on the pleadings awarded Chestnut Plaza, Inc. (defendant). This court reverses and remands.

Appellant brought an action against respondent for breach of contract.(FN1) Appellant's petition was filed November 12, 1997. Following numerous motions, recusal by all judges of the Circuit Court of Greene County and assignment of a special judge by the Supr... More...   $0 (04-30-2003 - MO)

Dean Machinery Company v. Union Bank f/k/a Bannister Bank.

Union Bank and Paula Wray ("Ms. Wray") appeal from judgment entered for Dean Machinery Company ("Dean Machinery") on Dean's claim and Ms. Wray's counterclaim following a judge-tried case. The judgment of the trial court is reversed.

Factual and Procedural History

Dean Machinery is a Caterpillar equipment dealer with a location in Kansas City, Missouri. For over forty ... More...   $0 (04-15-2003 - MO)

John Sheridan v. Director of Revenue

Sheridan was arrested for driving while intoxicated and taken to the police station where he was given a breath test. His license was suspended, and he sought a trial de novo in circuit court. The court found that the arresting officer had probable cause to arrest Sheridan, and that finding is not challenged on appeal.

At trial, the arresting officer testified that she observed Sheridan f... More...   $0 (04-15-2003 - MO)

Space Planners Architects, Inc., et al. vs. Frontier Town-Missouri, Inc., et al..

This is a suit in which four corporate entities sought statutory liens on real estate for work and materials furnished per contracts with the land owner, Frontier Town-Missouri, Inc. ("Frontier"). Two of these lien claimants, Space Planners Architects, Inc. ("Architect") and E. T. Archer Corporation, Inc. ("Engineer"), sought liens pursuant to section 429.015. (FN1) Lien claimants Dave Kolb Gra... More...   $0 (03-31-2003 - MO)

 
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