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Tag Archives: Missouri Court of Appeals
Challenging Capacity to Sue
Whether a plaintiff is entitled to sue as holder of a note (mortgage) is an issue of capacity. A party’s capacity to sue can only be brought up by a motion by a defendant or in the defendant’s answer. If … Continue reading
Default ain’t my fault
If you do not receive written notice of a trial setting, then you are entitled to setting aside the default judgment or obtaining a new trail. To read what happened to James Massa, check out this case: Missouri Court of … Continue reading
Undo that Default Judgment
Got a default judgment? Missouri allows you to undo the default judgment and reopen the case for mistake, inadvertence, surprise or excusable neglect. In addition, you must show that you have a meritorious defense and good cause for setting aside … Continue reading
Incorporate Your Business
If you have a business that is not registered or properly incorporated and you sign a contract, you can be held personally liable for that contract. Using a fictitious name will not protect you either. In order to fully protect … Continue reading
Maintain your Maintenance
Missouri allows the award of maintenance to a spouse if the spouse (1)lacks sufficient property to provide for their reasonable needs, and (2) is unable to support themselves through employment. To read about what is considered property for maintenance, review … Continue reading
Get Hostile with Adverse Possession
In order to claim adverse possession, which is the ability to take someone else’s land from them after ten years, you must show an element of hostility. Hostility is shown by proving exclusive possession and sporadic or temporary use by … Continue reading
“I ain’t got no drugs” is a good defense
On a charge of possession with intent to distribute, the state must show that the defendant exercised dominion or control over the object. In one case, a defendant was not convicted when he was riding in a truck and a … Continue reading
Get Out of My House
In order to remove someone from a property in an unlawful detainer action, a plaintiff must demonstrate that the property was purchased at a foreclosure sale, the defendant received notice of the foreclosure, and the defendant refused to surrender possession … Continue reading
The Court of Appeals wants you to know your stuff
A Court of Appeals brief that did not have a jurisdictional statement or state the relief they requested, makes appellate review impossible. In order to get through the Court of Appeals, you must follow their rules. For a small list … Continue reading
If You Are Thinking of Buying a Business, Beware
If you are thinking of buying an existing business, you better be aware of the doctrine of corporate successor liability. This scary sounding doctrine essentially states that a new owner of a business can be held liable and responsible for … Continue reading