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Tag Archives: MO Supreme Court
Correction Deeds Discussed
Owner quitclaimed property to successor, filed plat, then recorded deed, and continued to convey interests in property. Statutes provides for correction deeds to cure defects in earlier instrument unless void. Statutes also provide for deeds’ admission into evidence, so circuit … Continue reading
No Confusion Over Drug Policy Shown
Claimant stated that he understood employer’s manual, which described random drug tests, but refused drug test. Those facts show misconduct. Claimant’s later allegation, that he feared a false positive from prescription medication, was no defense because he did not raise … Continue reading
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Tagged Hoorfar Law, MO Supreme Court, The Supreme Court of Missouri
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No Default, No Set-Aside
Answer filed timely, under extension granted by circuit court, barred default judgment and renders inapplicable rule on setting aside default judgment. Recusal of judge moots allegations of ex parte contracts. Craig P. Kiser, Respondent, v. William Wideman, Sr., James C. … Continue reading
Posted in General
Tagged Hoorfar Law, MO Supreme Court, The Supreme Court of Missouri
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Dismissal Without Prejudice
Elements of both res judicata and collateral estoppel include a final judgment on the merits in an earlier action. That does not include “a docket entry [that] was not denominated as a judgment, and the court’s dismissal order [that] did … Continue reading
Merger Clause Excludes Arbitration Clause
“Contemporaneously signed documents relating to one subject matter or transaction are constructed together.” In one transaction involving multiple documents signed at a single sitting, order signing is irrelevant to parties’ intent. Retail sales contract stated that it was “the complete … Continue reading