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Monthly Archives: August 2013

Option Contracts, Breach

In a contract, an option is a privilege, a right of election to exercise a privilege.┬áVenture Stores, Inc. v. Pacific Beach Co., Inc., 980 S.W.2d 176 (Mo. Ct. App. 1998). A common example for an option would be in a lease situation in which the tenant has the legal option to extend the term of […]

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Involuntary, Corporate Judicial Dissolution

Corporate dissolution (i.e., the breaking up and termination of a corporation) usually occurs by the voluntary election of the board of directors and/or shareholders. Missouri law, however, sets forth circumstances in which a corporation can be dissolved involuntarily. Involuntary corporate dissolution usually occurs judicially and can be initiated by the (1) attorney general, (2) a […]

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Default Judgment Set Aside, Interlocutory Order of Default

A default judgment is where a plaintiff is automatically given the relief requested when a defendant fails to respond/answer in a timely manner. There are two types of default in Missouri: (1) an interlocutory order of default and a (2) default judgment. With an interlocutory order of default, there is a finding of liability, but […]

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Life Insurance Death Benefits & Probate

The two most common types of life insurance are term life insurance and whole life insurance. Term life insurance is where an owner purchases a policy for an insured and when the insured passes away a stated beneficiary received a sum of money (i.e., the death benefit). The death benefit is usually intended to help […]

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Motion to Compel Arbitration/Mediation, Contracts

Given the high cost of litigation, many contracts will call for mediation or arbitration as a way to avoid a traditional lawsuit. For the sake of clarity, an arbitration is where parties agree to resolve a dispute in front of a neutral third-party and agree to be bound by the third-party’s decision.┬áThis is very common […]

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Service by Publication

Due process requires that a Defendant/Respondent be given the best notice practicable under the circumstances. In many cases, this means that the Defendant/Respondent must be personally served with a lawsuit/petition/complaint. Several exceptions exist to this rule. For example, under Missouri Rule 54.13(b), personal service may be had by leaving a copy of the summons and […]

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Receivership, Emergency Custody, Control and Management

A receiver is an individual/entity which generally takes charge of property, keeps it in its custody for a set period of time, and manages it on set terms and conditions. In application, it is often reserved for situations in which there is an emergency or imminent threat of loss. For example, if a bank has […]

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Counterclaims, Countersuits

Being served with a lawsuit can be a jarring experience. The initial petition will often have big requests for these like “damages in excess of $25,000” “damages in excess of $75,000,” or even punitive damages or attorney fees. Without having any prior experience or knowledge of legal verbiage, the Petition can also be very confusing. […]

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