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February 2015 Archives

23 New Cases on Laws You Need to Know for the week


Burden of Proof and Deference Explained
Statute presumes that all property acquired during marriage is marital, but clear and convincing evidence that property was a gift to one spouse overcomes that presumption. Trier of fact may disbelieve any evidence offered, even "uncontradicted or uncontroverted" evidence, so party without the burden of proof may prevail without presenting evidence. Evidence that is not contested requires only legal conclusions, which are due no deference on appellate review, but to contest evidence requires no counter-evidence. Cross-examination and argument contest evidence, requiring circuit court to weigh evidence, resulting in a determination that is due deference on review. "[W]hen there are no written findings, the evidence 'shall be considered as having been found in accordance with the result reached;' in other words, in the light most favorable to the judgment." Circuit court did not expressly award a pre-marital gift to husband, but husband suffered no prejudice because circuit awarded pre-marital assets to each party. Circuit court did not abuse its discretion in disbelieving amount of debt attributable to husband, disbelieving evidence offered to show that motorcycle was a separate gift, and awarding dog to wife.
Lori L. England vs. Jesse W. England
(Overview Summary)
Missouri Court of Appeals, Western District - WD77209 and WD77230
[email protected] No Appeal from Sanctions
Statutes and rules provide that ruling is subject to appeal if it disposes of all issues as to all parties or if circuit court certifies ruling for appeal. But certification is available only for a ruling that addresses a distinct judicial unit, which is a claim, meaning a set of events under all theories. A motion for sanctions is not a claim on which a ruling is subject to appeal.
CAROLYN C. KLEIN, as member of R. Clinton Enterprises, LLC, a Missouri Limited Liability Company, on behalf of herself and all other similarly situated members, and as Co-Trustee of the Ray Clinton Irrevocable Trust, the Dorothy Clinton Irrevocable Trust, and the Clinton Family Trust, Plaintiff-Respondent, vs. STEVEN M. CLINTON, individually, and as a member of R. Clinton Enterprises, LLC, Defendant-Appellant, and R. Clinton Enterprises, LLC, Defendant, and DOROTHY CLINTON, Intervenor, and RAY BELL, the Ray A. Bell Irrevocable Trust, Joseph C. Bell, the Joseph C. Bell Irrevocable Trust, Marshall Clinton, the Marshall Ellison Clinton Irrevocable Trust, Matthew Clinton, the Matthew Steven Clinton Irrevocable Trust, the Christopher C. Clinton Irrevocable Trust, Charles Clinton, Sheila Williams, and Tiffany Clinton, Interested Parties.
Missouri Court of Appeals, Southern District - SD33288
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Trial De Novo Explained
Appeal from associate division to circuit court is de novo, so the case is tried anew with no deference to findings of fact or conclusions of law from the previous action. Defendant properly joined third party in circuit court action even though appellant plaintiff did not name third party in associate division. Appeal from circuit court to Court of Appeals is on the record, with deference to findings of fact, but not to conclusions of law, from the previous action.
Larry Declue, Appellant, vs. Tara M. McCann d/b/a Disaster Recovery Specialists, LLC, and William Horn, Respondents.
(Overview Summary)
Missouri Court of Appeals, Eastern District -
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Cases for the week

Affordable Legal Services of Thomas Sandifer

225 S. Meramec, Suite 925Clayton, MO. 63105


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