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Category: Civil Litigation, Real Estate

Unpaid Commissions

Missouri has specific statutes relating to claims for unpaid commissions. Under Section 407.913, RSMo: Any principal who fails to timely pay the sales representative commissions earned by such sales representative shall be liable to the sales representative in a civil action for the actual damages sustained by the sales representative and an additional amount as […]

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Dead Man’s Statute

Section 491.010, RSMo contains Missouri’s version of the so-called “Dead Man’s Statute.” It provides, in relevant part, that “in any…suit…where one of the parties…or his agent…is dead or is shown to be incompetent…then any relevant statement or statements made by the decedent party or agent or by the incompetent prior to his incompetency, shall not […]

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Substantial Evidence

“Substantial evidence” is a legal requirement that comes up in certain circumstances, particularly when appealing a case or when arguing over a motion for directed verdict. Substantial evidence exists when there is believable, credible evidence that has “probative force on each fact that is necessary to sustain” a judgment. Ivie v. Smith, 439 S.W.3d 189, […]

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Justiciability, Mootness

A court can only entertain a case if there is “justiciability.” A justiciable controversy exists where the (1) plaintiff has a legally protectable interest at stake, (2) a substantial controversy exists between parties with genuinely adverse interests, and (3) the controversy is ripe for judicial determination. Mo. Health Care Ass’n v. Attorney Gen. of Mo., […]

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Promissory Note Enforcement

Promissory notes are a common legal instrument used in connection with the lending and borrowing of money. They are typically “black and white” cases when it comes to enforcement when there is a breach. To make a prima facie case on breach of promissory note, there needs to be a showing that the (1) maker(s) […]

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Real Party in Interest, Assignment

A “real party in interest” is one who possesses the legal right to bring a suit and not necessarily the person who benefits from the legal recovery. Asumus v. Capital Region Family Practice, 115 S.W.3d 427, 436 (Mo. Ct. App. 2003). The “real party in interest rules”generally exist to include include all beneficially interested parties. […]

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Motions for Reconsideration

Every so often a party will file a motion to reconsider after an issue is decided against a party. This is, in effect, an effort to re-argue a motion or topic. Some cases have observed that motions for consideration have no legal effect because the Missouri civil procedure rules do not recognize such a motion. […]

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Negligence, Third-Parties

Negligence requires a showing of (1) the existence of a duty to protect the plaintiff from injury, (2) breach of the duty, (3) causation and (4) an injury to plaintiff. Thiele v. Rieter, 838 S.W.2d 441, 442 (Mo. Ct. App. 1992). Foreseeability is key in determining whether a duty exists. Wieland v. Owner-Operator Servs., Inc., 540 S.W.3d 845, 848 (Mo. 2018). […]

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Third-Party Standing in Litigation

Analogous to permissive intervention and intervention as of right, third-party standing relates to when someone other than an existing party to a lawsuit has the ability to make a claim or objection in a lawsuit. To have third-party standing, a litigant must show: (1) a concrete injury, (2) a close relation to the third-party and […]

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Trial Continuances

To obtain a continuance and/or delay of a trial setting in Missouri, a party needs to comply with Rule 65.03. This requires, among other things, that the request be accompanied by the affidavit of the movant or some other credible person setting forth the facts upon which the request for continuance is based. The grant […]

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