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Monthly Archives: March 2013

Collateral Attack of Judgments, Direct Appeal

In Missouri, Judgments generally become final and un-appealable forty-five (45) days after the Judgment is entered. The typical way a judgment may be impeached or attacked is by a formal appeal to the court of appeals. This involves filing a notice of appeal in the trial court, compiling the record on appeal, and briefing points […]

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Contractual Assent, Meeting of the Minds

As a pre-requisite to prevailing on a breach of contract or breach of lease claim, one must first prove the existence of a valid contract. The elements of a contract are (1) the competency of the parties to contract; (2) proper subject matter; (3) legal consideration; (4) mutuality of agreement; and (5) mutuality of obligation. Competency generally […]

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Prejudgment Interest: Liquidated Claims, Tort Claims

After a Judgment is obtained against a Defendant in Missouri, 9% interest per annum generally accrues on the Judgment (tort cases have a different interest rate). Is there a situation in which the interest can be retroactive before the Judgment was entered? Yes, pursuant to the Missouri prejudgment interest statutes. Under Section 408.020, prejudgment on liquidated claims […]

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Petition to Determine Heirship: Property & Probate After 1 Year

A probate estate must be opened in the county of the decedent’s domicile within one (1) year after the decedent’s death. This usually means that an applicant must apply for Letters Testamentary or Letters of Administration within that time and administer the estate consistent with the Will’s directives and/or with the statutory intestacy scheme. What […]

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Blue Pencil, Contracts, Restrictive Covenants, Non-Compete

A non-solicitation agreement generally means that an employee cannot, after the term of his/her employment, induce his/her former employer’s co-workers to leave, or solicit the former employer’s customers/clients.   A non-compete agreement usually means that the ex-employee cannot go work for a competitor, directly or indirectly. A confidentiality agreement refers to an obligation of the […]

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Judicial Exception to Statutory Guardianship

Letters of Guardianship of the person of a minor may generally be granted (1) where a minor has no parent living, (2) where the parents or the sole surviving parent of a minor are unwilling, unable or adjudged unfit to assume the duties of guardianship, (3) or where the parents or the sole surviving parent […]

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Contract Amendments Need to be in Writing?

Although most attorneys shrink away in terror when hearing that a supposedly breached contract was oral, MO law does honor certain oral contracts. Under the statute of frauds in Missouri, contracts generally must be in writing if they relate to (1) contracts which take in excess of a year to complete, (2) contracts for marriage, […]

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