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Monthly Archives: March 2017

Lay Witness Testimony, Personal Knowledge

Unless someone is qualified as an expert witness in Missouri, witnesses may not ordinarily offer opinions at trial; instead, they usually testify about facts within his or her “personal knowledge.” State v. Sanders, 842 S.W.2d 916, 919 (Mo. Ct. App. 1992). In other words, lay witnesses are permitted to testify as to “perceptible facts” regarding the event(s) […]

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Co-Tenants in Real Estate, Ownership Interests

All sorts of legal problems can arise from the co-ownership of real estate. This can include, without limitation, partition suits which force a liquidation of the real estate or divide it into separate parcels of appropriate economic value, as well as general disputes about how the property should be used and operated.  Co-ownership of real […]

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Promissory Estoppel versus Breach of Contract Claims

Promissory estoppel and breach of contract are generally inconsistent remedies. Promissory estoppel requires that there must have been (1) a promise, (2) on which the party seeking to recover relied to his or her detriment, (3) in a way the person making the promise expected or should have expected, and (4) the reliance resulted in […]

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Directed Verdicts

At trial — even after surviving motions to dismiss and motions for summary judgment — a plaintiff may still lose his/her claim after presenting his/her evidence with a directed verdict. A motion for directed verdict is proper when a plaintiff has not made a submissible case. Rustici v. Weidemeyer, 673 S.W.2d 762, 765 (Mo. 1984). A […]

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Expired Judgment, Motions to Revive

If one procures a monetary judgment in Missouri (and typically anywhere else), it is that person’s responsibility to collect the judgment. The Court won’t by itself go out and get it for someone. Under Section 516.350, RSMo, “judgments are conclusively presumed paid ten years after they were originally rendered unless [1] a party has revived […]

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Simple versus Compound Interest on Judgments

In Missouri, Section 408.020, RSMo requires that nine-percent (9%) annual interest typically accrues on monetary judgments. Missouri statutes, however, do not specify whether the interest is simple or compound. Based on case precedent, compound interest is generally not allowable on a judgment. Wallemann v. Wallemann, 817 S.W.2d 548, 549 (Mo. Ct. App. 1991). There are two […]

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Grounds for Wrongful Foreclosure

In Missouri, the grounds for wrongful foreclosure are limited. Most foreclosures occur outside of the court system through a deed of trust. A foreclosure of a deed of trust is not wrongful when there is a clear right to foreclose under the underlying promissory note and/or deed of trust. Loeb v Dowling, 162 S.W.2d 875, 877 […]

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