101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930

Monthly Archives: October 2013

Nunc Pro Tunc — Correcting Judgments/Orders

A Missouri Court’s Judgment becomes final thirty (30) days after it is entered. During this thirty (30) days period, the Judgement may be, among other things, modified or vacated upon motion by the parties. After this 30 day period when a judgment becomes final, a court’s power to amend the judgment is limited. Pirtle v. Cook, […]

Read More

Equitable Garnishment, Insurance

It is one thing to receive a monetary judgment from a judge/jury and it is an entirely different thing to be able to collect any money from that judgment. The latter is more difficult than most realize. What can make collection  easier, however, is when an insurance policy is required to cover the liability for […]

Read More

Money Had and Received — Equity, Restitution

Money had and received is a an equitable claim. Newco Land Co. v. Martin, 213 S.W.2d 504, 510 (1948). It applies whenever one has money in his/her possession which belongs to another, and which, in equity and good conscience, the other should pay over. Brandkamp v. Chapin, 473 S.W.2d 786, 788 (Mo. Ct. App. 1971). The claim […]

Read More

Direct & Indirect Contempt of Court

There are four (4) types of contempt of court: criminal, civil, direct and indirect. Curtis v. Tozer, 274 S.W.2d 557, 568 (Mo. Ct. App. 1964). Specifically, there are two categories of contempt — civil and criminal — and each are further divided into two subcategories — direct and indirect. Id. For purposes of this discussion, focus is given solely […]

Read More

Federal Tort Claims Act & Sovereign Immunity

Sovereign immunity is the legal principle where the government cannot be held liable for civil damages. It exists at both the State and Federal level. Federally, the Federal Tort Claims Act (“FTCA”) represents the federal government’s waiver of its immunity to certain suits. See Richards v. United States, 369 U.S. 1, 6 (1962) (the FTCA “was designed […]

Read More