Supreme Court of Missouri Decisions 2019

City of Aurora, Missouri v. Spectra Communications Group, LLC  
Date: December 24, 2019
Docket Number: SC96276

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the trial court entering judgment in favor of the cities of Aurora, Cameron, Oak Grove, and Wentzville (collectively, the Cities) in this action for…

City of Chesterfield v. State  
Date: December 24, 2019
Docket Number: SC96862

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting summary judgment in favor of the State and intervenors (collectively, Defendants) on the City of Chesterfield's action seeking a declaration that Mo.…

Tuttle v. Dobbs Tire & Auto Centers, Inc.  
Date: December 24, 2019
Docket Number: SC97721

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court dismissing Appellant's claims for relief under the Missouri Human Rights Act (MHRA) for age discrimination and retaliation, holding that the Court was…

Roland v. St. Louis City Board of Election Commissioners  
Date: December 24, 2019
Docket Number: SC97781

Justia Opinion Summary: The Supreme Court affirmed the circuit court's judgment holding that the St. Louis City Board of Election Commissioners violated the sunshine law, Mo. Rev. Stat. 610.010 et seq., in refusing to produce absentee ballot…

State ex rel. Anheuser-Busch, LLC v. Honorable Joan L. Moriarty  
Date: December 24, 2019
Docket Number: SC97845

Justia Opinion Summary: The Supreme Court quashed a preliminary writ of prohibition it issued directing the circuit court to vacate a portion of its order overruling Relator's motion to dismiss and to dismiss the underlying plaintiff's petition…

Tharp v. St. Luke's Surgicenter-Lee's Summit, LLC  
Date: December 10, 2019
Docket Number: SC96528-02

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court finding in favor of Plaintiffs on their negligent credentialing claim against Defendant, St. Luke's Surgicenter-Lee's Summit LLC, holding that Plaintiffs…

Hosier v. State  
Date: December 10, 2019
Docket Number: SC97231

Justia Opinion Summary: The Supreme Court affirmed the judgment of the motion court denying Defendant's motion for postconviction relief filed under Mo. R. Crim. P. 29.15, holding that the motion court did not err in denying postconviction…

Boland v. Saint Luke's Health System  
Date: December 10, 2019
Docket Number: SC97412

Justia Opinion Summary: The Supreme Court affirmed the judgments of the circuit court granting summary judgment for Respondents and dismissing Appellants' five separate actions for fraudulent concealment, holding that Appellants' claims for…

State ex rel. Alsup v. Honorable James F. Kanatzar  
Date: December 10, 2019
Docket Number: SC97427

Justia Opinion Summary: The Supreme Court made permanent a preliminary writ of prohibition it issued barring the circuit court from taking any further action other than to vacate an order overruling Relator's motion for summary judgment and to…

State v. Shaw  
Date: December 10, 2019
Docket Number: SC97605

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of one count of first-degree assault and one count of felony resisting arrest, holding that sufficient evidence supported a finding that…

O'Brien v. Department of Public Safety  
Date: December 10, 2019
Docket Number: SC97656

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court affirming the decision of the Administrative Hearing Commission (AHC), which found cause to discipline Appellant's license as a peace officer, and the…

State v. Michaud  
Date: December 10, 2019
Docket Number: SC97658

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of attempted enticement of a child, holding that there was no error in the proceedings below. Defendant was convicted of attempted…

Interventional Center for Pain Management v. Director of Revenue  
Date: November 19, 2019
Docket Number: SC97582

Justia Opinion Summary: The Supreme Court affirmed the decision of the administrative hearing commission determining that certain pain treatment service items used in compounding medications do not fall under the use tax exemption in Mo. Rev.…

Ingram v. Chateau  
Date: November 19, 2019
Docket Number: SC97812

Justia Opinion Summary: The Supreme Court reversed the order of the circuit court overruling Appellant's motion to dismiss and compel arbitration, holding that Mo. Rev. Stat. 435.355 obligated the circuit court to order the parties to proceed…

State ex rel. Key Insurance Co. v. Honorable Marco A. Roldan  
Date: October 29, 2019
Docket Number: SC97623

Justia Opinion Summary: The Supreme Court quashed this Court's preliminary writ of prohibition, holding that the issuance of the writ of prohibition sought by Key Insurance Company directing the circuit court to dismiss claims filed against it…

Hounihan v. State  
Date: October 15, 2019
Docket Number: SC97622

Justia Opinion Summary: The Supreme Court reversed the judgment of the motion court to the extent it overruled Appellant's motion for postcondition relief on his driving while revoked conviction and affirmed the judgment in all other respects,…

Sophian Plaza Ass'n v. City of Kansas City, Missouri  
Date: October 15, 2019
Docket Number: SC97626

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court holding the City of Kansas City in civil contempt of a 1976 modified judgment, holding that the parties could not bring a contempt action to enforce the 1976…

Calzone v. Interim Commissioner of the Department of Elementary and Secondary Education Roger Dorson  
Date: October 1, 2019
Docket Numbers: SC97132, SC97211

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court affirming the constitutional validity of Senate Bill. No. 638 (SB 638) and Senate Bill 665 (SB 665), holding that the bills do not violate Mo. Const. art. III,…

State ex rel. Zellers v. Honorable Stacey  
Date: October 1, 2019
Docket Number: SC97787

Justia Opinion Summary: The Supreme Court made permanent a preliminary writ of prohibition prohibiting the Jefferson County circuit court from taking any further action except to transfer the underlying action to Cole County, where venue was…

Greene v. State  
Date: September 3, 2019
Docket Number: SC96973

Justia Opinion Summary: The Supreme Court affirmed the judgment of the motion court overruling Defendant's Rule 29.15 motion for post conviction relief without an evidentiary hearing, holding that Defendant failed to plead facts showing his…

Trustees of Clayton Terrace Subdivision, v. 6 Clayton Terrace, LLC  
Date: August 13, 2019
Docket Number: SC97349

Justia Opinion Summary: The Supreme Court reversed in part the circuit court's judgment upholding Jeanette Huey's sale of her home located in the Clayton Terrace subdivision and holding the "one residence per lot" subdivision indenture…

Henry v. Piatchek  
Date: August 13, 2019
Docket Number: SC97385

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court overruling Appellant's Rule 75.06(b) motion to set aside the dismissal of a wrongful death suit filed by his deceased son's grandmother and the overruling of…

D.C.M. v. Pemiscot County Juvenile Office  
Date: August 13, 2019
Docket Number: SC97595

Justia Opinion Summary: In this appeal from the circuit court's finding that D.C.M. committed an act that, if committed by an adult, would have constituted the felony of making a terrorist threat in the second degree, the Supreme Court remanded…

Eoff v. McDonald  
Date: August 13, 2019
Docket Number: SC97640

Justia Opinion Summary: In this medical negligence action, the Supreme Court affirmed the judgment against Plaintiffs following a jury verdict in favor of Defendants, holding that the circuit court did not commit reversible error when it…

Meadowfresh Solutions USA, LLC v. Maple Grove Farms, LLC  
Date: August 13, 2019
Docket Number: SC97689

Justia Opinion Summary: After the court of appeals dismissed Appellant's appeal from the circuit court's order overruling its motion, the Supreme Court retransferred this case to the court of appeals to review the underlying merits of the…

State v. Barnett  
Date: July 16, 2019
Docket Number: SC96138

Justia Opinion Summary: The Supreme Court vacated the judgment of the circuit court convicting Defendant of first-degree assault and armed criminal action, holding that the circuit court erred in failing to submit a self-defense instruction.…

State v. Wood  
Date: July 16, 2019
Docket Number: SC96924

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court finding Defendant guilty of the first-degree murder of a ten-year-old girl and sentencing him to death, holding that none of Defendant's assignments of error…

State ex rel. Cedar Crest Apartments, LLC v. Honorable Jack Grate  
Date: July 16, 2019
Docket Number: SC96977

Justia Opinion Summary: The Supreme Court made permanent a preliminary writ of prohibition it issued directing the circuit court to dismiss Plaintiff's claims against Relators for lack of personal jurisdiction, holding that Plaintiff failed to…

Johnson v. State  
Date: July 16, 2019
Docket Number: SC97330

Justia Opinion Summary: The Supreme Court affirmed the judgment of the motion court accepting Defendant's guilty plea to first-degree murder, first-degree robbery, and armed criminal action and sentencing him to life imprisonment without the…

Business Aviation, LLC v. Director of Revenue  
Date: July 16, 2019
Docket Number: SC97475

Justia Opinion Summary: The Supreme Court reversed the decision of the Administrative Hearing Commission (AHC) assessing use tax, additions to tax, and interest against Appellants, Business Aviation LLC and its members, as a result of Business…

Missouri Coalition for Environment v. State  
Date: July 16, 2019
Docket Number: SC97591

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court dismissing the petition filed by the Missouri Coalition for the Environment and one of its members (collectively, the Coalition) seeking a declaratory judgment…

Macke v. Patton  
Date: July 16, 2019
Docket Number: SC97599

Justia Opinion Summary: In this appeal from the circuit court's distribution of proceeds from Nicklaus Macke's wrongful death settlement the Supreme Court affirmed the judgment of the circuit court overruling Appellant's motion for a second…

Kehlenbrink v. Director of Revenue  
Date: June 25, 2019
Docket Number: SC97287

Justia Opinion Summary: The Supreme Court reversed the decision of the administrative hearing commission (AHC) reversing the denial of the director of the department of revenue of David and Jill Kehlenbrinks' application for a sales tax refund,…

State ex rel. Halsey v. Honorable Jennifer M. Phillips  
Date: June 25, 2019
Docket Number: SC97288

Justia Opinion Summary: The Supreme Court made permanent in part and quashed in part a preliminary writ it issued in response to Brad Halsey's petition seeking to direct Respondent, the Honorable Jennifer M. Phillips, to dismiss Jennifer…

Cosby v. Treasurer of the State  
Date: June 25, 2019
Docket Number: SC97317

Justia Opinion Summary: The Supreme Court affirmed the decision of the labor and industrial relations commission affirming the award of the administrative law judge (ALJ) determining that Douglas Cosby was not entitled to permanent total…

Desai v. Seneca Specialty Insurance Co.  
Date: June 25, 2019
Docket Number: SC97361

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court overruling Seneca Specialty Insurance Company's motions to intervene and to set aside judgment in a lawsuit filed by Dr. Neil Desai and Heta Desai against…

State ex rel. Board of Curators of University of Missouri v. Honorable Joseph L. Green  
Date: June 25, 2019
Docket Number: SC97418

Justia Opinion Summary: The Court of Appeals made permanent a preliminary order in mandamus it issued in this action filed by the Board of Curators of the University of Missouri (Curators) seeking to require the circuit court to transfer venue…

State ex rel. AJKJ, Inc. v. Honorable Craig E. Hellmann  
Date: June 4, 2019
Docket Number: SC97461

Justia Opinion Summary: The Supreme Court made permanent a preliminary writ of prohibition preventing the circuit court from continuing to exercise jurisdiction in the underlying case, holding that the circuit court's rulings on certain motions…

Seaton v. Shelter Mutual Insurance Co.  
Date: June 4, 2019
Docket Number: SC97511

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court entering summary judgment in favor Insured in this insurance coverage dispute, holding that the circuit court erred in finding that Insured was entitled to…

State ex rel. Newberry v. Honorable Steve Jackson  
Date: May 21, 2019
Docket Numbers: SC96985, SC96986

Justia Opinion Summary: The Supreme Court quashed preliminary writs issued preventing the circuit court from enforcing its orders sustaining motions to compel arbitration and stay proceedings filed by Dollar General, holding that the circuit…

State ex rel. Sampson v. Honorable William E. Hickle  
Date: May 21, 2019
Docket Number: SC97002

Justia Opinion Summary: The Supreme Court issued a permanent writ of mandamus ordering the circuit court to reinstate Gary Sampson's previous probationary term, holding that the circuit court erred in placing Sampson on a third term of…

State ex rel. Griffith v. Precythe  
Date: May 21, 2019
Docket Number: SC97056

Justia Opinion Summary: The Supreme Court exercised its discretion not to dismiss this appeal as moot and held that the circuit court erred in placing Trevor Griffith, who had already been discharged from parole, on a third term of…

Roesing v. Director of Revenue  
Date: April 30, 2019
Docket Number: SC97165

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court sustaining the revocation of Appellant's driving privileges for refusing to submit to a chemical test, holding that Appellant's refusal to consent to the…

Incline Village Board of Trustees v. Edler  
Date: April 30, 2019
Docket Number: SC97345

Justia Opinion Summary: The Supreme Court affirmed the circuit court's order directing Mathew and Andrea Elder to remove their dock they built on a lake that abutted their home but that was owned by a neighboring subdivision but reversed the…

State ex rel. Jones v. Honorable Eric Eighmy  
Date: April 30, 2019
Docket Number: SC97417

Justia Opinion Summary: The Supreme Court made permanent its preliminary writ of prohibition prohibiting the circuit court from holding a probation revocation hearing and ordered the circuit court to discharge Travis Jones from probation,…

State ex rel. Prater v. Honorable Jason R. Brown  
Date: April 30, 2019
Docket Number: SC97429

Justia Opinion Summary: The Supreme Court made permanent a preliminary writ of mandamus requiring Respondent to transfer the underlying declaratory judgment action from Greene County to Pulaski County, holding that Greene County was an improper…

Caruthers v. Honorable Wendy Wexler-Horn  
Date: April 30, 2019
Docket Number: SC97469

Justia Opinion Summary: The Supreme Court made permanent a writ of prohibition to prevent the circuit court from ordering Relator to submit to a mental evaluation pursuant to Mo. Rev. Stat. chapter 552, holding that chapter 552 did not…

Shockley v. State  
Date: April 16, 2019
Docket Number: SC96633

Justia Opinion Summary: The Supreme Court affirmed the judgment of the motion court overruling Appellant's Mo. R. Crim. P. 29.15 motion for post-conviction relief alleging several claims of ineffective assistance of trial and appellate counsel,…

Cope v. Parson  
Date: April 16, 2019
Docket Number: SC97284

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court dismissing a petition seeking a declaratory judgment that Governor Michael Parson's appointment of Mike Kehoe to the office of…

Rebman v. Parson  
Date: April 16, 2019
Docket Number: SC97307

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court declaring House Bill No. 2007 (HB2007), an appropriations statute, to be unconstitutional and enjoining the State from terminating Plaintiff's employment on…

State v. Rice  
Date: April 2, 2019
Docket Number: SC96737

Justia Opinion Summary: The Supreme Court remanded this case resulting in Defendant's convictions of first- and second-degree murder and sentence of death for the first-degree murder and life imprisonment for the second-degree murder, holding…

State ex rel. General Credit Acceptance Co. v. Honorable David L. Vincent III  
Date: April 2, 2019
Docket Number: SC97175

Justia Opinion Summary: The Supreme Court made permanent a preliminary writ of prohibition barring the circuit court from taking any further action other than vacating its order granting class certification, holding that the circuit court…

State v. Zuroweste  
Date: April 2, 2019
Docket Number: SC97229

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of possession of a controlled substance - methamphetamine - holding that while the State clearly violated the rules of discovery by…

State v. Ward  
Date: March 19, 2019
Docket Number: SC96696

Justia Opinion Summary: The Supreme Court vacated the judgment of the circuit court, after a bench trial, finding Defendant “not guilty” of felony sexual misconduct involving a child by indecent exposure because the statute under which he was…

Vacca v. Missouri Department of Labor & Industrial Relations, Division of Workers' Compensation  
Date: March 19, 2019
Docket Number: SC96911

Justia Opinion Summary: The Supreme Court reversed the judgment of the trial court awarding Matthew Vacca actual and punitive damages, including substantial future lost wages, on his claim that he was retaliated against for filing a complaint…

State ex rel. McCree v. Honorable Wesley Dalton  
Date: March 19, 2019
Docket Number: SC97186

Justia Opinion Summary: The Supreme Court quashed its preliminary writ of mandamus to compel the circuit court to dismiss with prejudice Relator’s charge of driving while intoxicated, holding that Relator did not demonstrate a clear and…

Carvalho v. Director of Revenue  
Date: March 19, 2019
Docket Number: SC97394

Justia Opinion Summary: The Supreme Court affirmed the suspension of Appellant’s driver’s license for driving while intoxicated, holding that Appellant’s arguments on appeal were unavailing. Specifically, the Court held (1) the filing of a…

State v. Richey  
Date: March 19, 2019
Docket Numbers: SC97604, SC97630

Justia Opinion Summary: The Supreme Court reversed the orders of the circuit court overruling motions to retax court costs after each movant had his jail board bill taxed as costs against him by the circuit court, holding that no statutory…

State ex rel. Coleman v. Honorable Horn  
Date: March 5, 2019
Docket Number: SC97198

Justia Opinion Summary: The Supreme Court made permanent its preliminary writ of prohibition preventing the circuit court from taking any action in this case other than discharging Relator from probation, holding that the circuit court lacked…

Tharp v. St. Luke's Surgicenter-Lee's Summit, LLC  
Date: February 26, 2019
Docket Number: SC96528

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court against St. Luke’s Surgicenter-Lee’s Summit LLC on a negligent credentialing claim brought by Thomas and Paula Tharp, holding that the Tharps failed to make a…

R.M.A. v. Blue Springs R-IV School District  
Date: February 26, 2019
Docket Number: SC96683

Justia Opinion Summary: The Supreme Court vacated the judgment of the circuit court dismissing with prejudice R.M.A.’s petition alleging that Defendants, a school district and school board, unlawfully discriminated against him on the grounds of…

Lampley v. Missouri Commission on Human Rights  
Date: February 26, 2019
Docket Number: SC96828

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court granting summary judgment in favor of the Missouri Commission on Human Rights (Commission) on Appellants’ consolidated allegations of violations of the…

State ex rel. Cullen v. Honorable Kevin Harrell  
Date: February 26, 2019
Docket Number: SC97008

Justia Opinion Summary: The Supreme Court quashed the preliminary writ issued in this original proceeding in prohibition brought by Husband seeking to prohibit the circuit court from enforcing its order compelling him to turn over all…

State ex rel. Johnson & Johnson v. Honorable Rex M. Burlison  
Date: February 13, 2019
Docket Numbers: SC96704, SC96710

Justia Opinion Summary: The Supreme Court made permanent preliminary writs of prohibition preventing the circuit court from taking any further action other than to sever Michael Blaes’ claims from the separate claims made by multiple plaintiffs…

Doe v. Parson  
Date: February 13, 2019
Docket Number: SC96751

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court dismissing Mary Doe’s second amended petition seeking to enjoin the enforcement of a portion of the Missouri Informed Consent Law, Mo. Rev. Stat. 188.027 -…

State ex rel. Henderson v. Honorable Jodie Asel  
Date: February 13, 2019
Docket Number: SC96865

Justia Opinion Summary: The Supreme Court made permanent the preliminary writ of mandamus directing Respondent, the Honorable Jodie Asel, to enter a judgment in Jennifer Henderson’s case against the Business Loop Community Improvement District,…

State ex rel. Hillman v. Honorable John D. Beger  
Date: February 13, 2019
Docket Number: SC97171

Justia Opinion Summary: The Supreme Court held in these two cases that a probationer may not be discharged from probation as a result of Earned Compliance Credits (ECCs) accrued under Mo. Rev. Stat. 217.703 unless she has paid the full amount…

Unifund CCR Partners, Assignee of Citibank (South Dakota) N.A. v. Abright  
Date: February 13, 2019
Docket Number: SC97321

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court overruling Unifund CCR Partners Assignee of Citibank (South Dakota) N.A.’s motion for revival of judgment on grounds it was filed out of time, holding that the…

State ex rel. HeplerBroom, LLC v. Honorable Joan L. Moriarty  
Date: January 29, 2019
Docket Number: SC97200

Justia Opinion Summary: The Supreme Court made permanent a preliminary writ of prohibition to prevent the circuit court from taking any further action other than ordering Plaintiffs’ legal malpractice action to be transferred from St. Louis…

Williams v. Mercy Clinic Springfield Communities  
Date: January 15, 2019
Docket Number: SC96547

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the circuit court’s judgment in favor of Emilee Williams in this medical malpractice action brought against Mercy Clinic Springfield Communities and Dr. Elene…

Myron Green Corp. v. Director of Revenue  
Date: January 15, 2019
Docket Number: SC96903

Justia Opinion Summary: The Supreme Court affirmed the decision of the administrative hearing commission finding Myron Green Corporation liable for sales tax on food sold to employees of the Federal Reserve Bank of Kansas City in the bank’s…

Kader v. Board of Regents of Harris-Stowe State University  
Date: January 15, 2019
Docket Number: SC97069

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court finding the board of regents of Harris-Stowe State University liable on Dr. Shereen Kader’s claims of national origin discrimination and retaliation under the…

State ex rel. Mario Richardson v. Honorable Brian H. May  
Date: January 15, 2019
Docket Number: SC97179

Justia Opinion Summary: The Supreme Court quashed a preliminary writ of prohibition and denied Petitioner’s petition for a writ of prohibition seeking to prohibit the Honorable Brian May from proceeding with any action other than vacating an…

In Re: R. Scott Gardner, Respondent.
Date: January 15, 2019
Docket Number: SC97207
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