Missouri Court of Appeals, Eastern District / Feb 3, 2026
Arthur and Gayle Daume appealed the trial court's interpretation of a deeded easement for ingress and egress over their neighbors' private roadway. The trial court had construed the easement's "non-commercial purposes" limitation to prohibit agricultural use and restricted its scope to the Daumes and their immediate family. The appellate court reversed the trial court's judgment, holding that "non-commercial" does not categorically prohibit agricultural use unless for profit, and that the appurtenant easement allows the Daumes to authorize third parties for non-commercial ingress and egress.
Supreme Court of Missouri / Jan 23, 2026
Colleen Eikmeier and William Love, homeowners in a subdivision, sought declaratory and injunctive relief against their homeowners' association (HOA) after the legislature enacted a statute proscribing covenants from limiting solar panel installation. The circuit court denied relief, finding the statute could not apply to preexisting covenants. The Missouri Supreme Court reversed, holding that the statute applies to all covenants, including those in existence before its effective date, and that this application does not violate the state constitution's prohibition against retrospective laws or impairment of contracts. The Court also found the HOA's rule prohibiting street-facing solar panels unenforceable as it adversely affected the cost or efficiency of the solar device.
Supreme Court of Missouri / Jan 23, 2026
The Office of Chief Disciplinary Counsel (OCDC) alleged attorney Brian Todd Goldstein mishandled client funds and engaged in dishonest conduct. Following a de novo review, the Missouri Supreme Court found Goldstein violated Rules 4-1.15(a) (safeguarding of property) and 4-8.4(c) (dishonesty, fraud, deceit, or misrepresentation). The Court determined that Goldstein intentionally and repeatedly engaged in misconduct, including diverting client payments to his personal account and misrepresenting firm representation. Consequently, the Court ordered Goldstein disbarred, finding that aggravating factors outweighed mitigating factors and disbarment was the appropriate baseline discipline.
Missouri Court of Appeals, Western District / Dec 16, 2025
Cody Enderle, as guardian and conservator for his father Charles Enderle, sued Richard Gercken and Gercken Kelsey L.L.C. to void a real estate transaction, alleging Charles lacked mental capacity, was unduly influenced, and the terms were unconscionable. The circuit court directed a verdict on the undue influence claim, a jury found Charles had contractual capacity, and the court ruled against unconscionability and granted Gercken's counterclaims. The appellate court affirmed the judgment, finding no error in the directed verdict, jury instructions, or the court's rulings on unconscionability and evidence.
Missouri Court of Appeals, Eastern District / Dec 9, 2025
Michael F. Shanahan, Jr. sued Spencer Fane LLP, alleging legal malpractice, fraudulent misrepresentation, fraudulent inducement, negligent misrepresentation, and fraudulent nondisclosure related to his investment in a car dealership. Shanahan claimed Spencer Fane misrepresented his GM approval status and failed to disclose his lack of approval. The trial court granted summary judgment for Spencer Fane on all claims, which Shanahan appealed. The appellate court affirmed the summary judgment, finding Shanahan failed to produce evidence of an attorney-client relationship, an affirmative misrepresentation, or a duty to speak.
Missouri Court of Appeals, Western District / Nov 25, 2025
Connie Haworth, a former employee, sued Guest Services, Inc., St. Anthony's, LLC, and Mark Ledom for various claims. The Appellants moved to compel arbitration, arguing a binding arbitration agreement existed, but the trial court denied their motions, finding a lack of mutual assent. The appellate court affirmed, deferring to the trial court's factual finding that the parties did not mutually assent to the arbitration agreement, and concluding that an adequate evidentiary hearing had been conducted.
Supreme Court of Missouri / Nov 4, 2025
Marcus Raichle and the Maune Raichle Law Firm appealed the circuit court's denial of their motion to compel arbitration against the Estate of Neil J. Maune. The dispute arose from the distribution of life insurance proceeds after Neil Maune's death, with the Estate claiming the funds should have gone to a different entity. The Missouri Supreme Court vacated the circuit court's decision, holding that under Missouri's aggregate theory of partnerships, Maune and Raichle's individual signatures on the operating agreement bound their general partnership to arbitrate. The Court remanded the case with instructions for the circuit court to sustain the motion to compel arbitration, deferring questions of arbitration scope to the arbitrator.
Missouri Court of Appeals, Eastern District / Oct 21, 2025
David Killian appealed a trial court's judgment finding him personally liable for Mississippi Valley Equipment Company's (MVE) breach of contract claim. Killian argued there was insufficient evidence he contracted in his individual capacity, that he assented to two of the three contracts, and that the attorney's fee award was unsupported. The appellate court affirmed the trial court's judgment, finding Killian failed to meet his burden to show the judgment was incorrect on all points.
Missouri Court of Appeals, Western District / Oct 7, 2025
Erin Pulster appealed a trial court judgment finding her liable for breach of contract to CoMo Premium Construction LLC for deck remodeling services. Pulster argued the trial court lacked authority because the parties had an arbitration agreement. The appellate court affirmed the trial court's judgment, holding that Pulster waived her right to arbitration by participating in the bench trial. The case was remanded for the trial court to determine post-judgment attorney's fees.
Missouri Court of Appeals, Eastern District / Oct 7, 2025
The Bank of Washington sued the Land Clearance for Redevelopment Authority of the City of St. Louis (LCRA) and LCRA Holdings Corporation (LCRA Holdings) for breach of contract and tort claims related to property redevelopment agreements. The circuit court granted summary judgment to the defendants on all claims. The appellate court affirmed the summary judgment on the breach of contract claims, finding the Bank's theories either unpled or contractually unsupported. However, the court reversed the summary judgment for LCRA Holdings on the tort claims, holding that LCRA Holdings failed to demonstrate it was entitled to sovereign immunity.
Missouri Court of Appeals, Eastern District / Sep 30, 2025
Jeanette A. Vogt sued Walls Real Estate Company for breach of contract and unjust enrichment, and Walls Real Estate filed a counterclaim. The trial court entered judgment for Vogt after Walls Real Estate failed to appear at trial and subsequently denied its motions to set aside the judgment and for a new trial. On appeal, the Eastern District affirmed the trial court's judgment, finding no abuse of discretion in denying the motion to set aside the judgment because counsel's absence was a deliberate choice. The court also concluded that substantial evidence supported Vogt's claims for breach of contract and unjust enrichment, and the award of attorney fees.
Missouri Court of Appeals, Western District / Sep 9, 2025
Anthony E. Barron sought specific performance of a contract to purchase Catherine Brizendine's farm. Brizendine's daughter, Martha Parker, acting as her representative, appealed the trial court's judgment, arguing that Brizendine lacked contractual capacity and was unduly influenced, and that the trial court erred in denying a jury trial. The appellate court affirmed the trial court's judgment, finding sufficient evidence to support Brizendine's capacity, no undue influence, and that a bench trial was appropriate for the equitable claim of specific performance.
Missouri Court of Appeals, Eastern District / Aug 26, 2025
Temujin Kensu filed a class action against Keefe Commissary Network, L.L.C., alleging breach of contract, violation of the Missouri Merchandising Practices Act, and breach of the duty of good faith and fair dealing related to a digital music service for prisoners. The trial court granted class certification for these claims, but Keefe Commissary appealed. The appellate court affirmed the trial court's decision to grant class certification but reversed and remanded the case due to an improperly defined class that included a determination of the merits.
Missouri Court of Appeals, Eastern District / Aug 19, 2025
Matt Tarrillion appealed a trial court's judgment in favor of Body Treats Etc., LLC, in an unlawful detainer action. Body Treats claimed Tarrillion was a month-to-month sublessee, while Tarrillion argued he was a co-tenant under a written lease. The appellate court denied Body Treats' motion to dismiss for mootness and reversed the trial court's judgment, finding that the written lease clearly established Tarrillion as a co-tenant with equal rights to possession, making the unlawful detainer judgment against the weight of the evidence.
Missouri Court of Appeals, Eastern District / Aug 12, 2025
Appellant United Trans Logistics appealed the circuit court's denial of its second motion to set aside a default judgment entered in favor of Respondent Xtra Lease LLC. The underlying dispute involved breach of contract and an action on account. The appellate court affirmed the circuit court's denial, holding that the second motion to set aside the default judgment was barred by the doctrine of res judicata because the issues raised were substantially the same as those litigated in Appellant's first motion, which was not timely appealed.
Missouri Court of Appeals, Eastern District / Jul 29, 2025
Michael Holmes, whose federal drug convictions were vacated due to police misconduct, obtained a $2.5 million civil rights judgment against the involved officers. He then sought a declaratory judgment that either the State or the City of St. Louis was obligated to indemnify the officers and pay the judgment, with the claim against the City previously remanded by the Supreme Court. The trial court granted summary judgment for the City, but the appellate court reversed that decision. The appellate court granted summary judgment for Holmes, holding that the Board of Police Commissioners, whose obligations the City inherited, had agreed to indemnify the officers through its policy and actions, thereby compelling the City to pay the judgment.
Missouri Court of Appeals, Eastern District / Jul 8, 2025
Bellemeade Homeowners Association sued Tyler and Shana Taylor for declaratory judgment and breach of contract after the Taylors erected a fence that Bellemeade deemed non-compliant with its Declaration of Trust and Restrictions. The trial court ruled in favor of the Taylors, finding the fencing restriction ambiguous and waived by Bellemeade's inconsistent enforcement. The appellate court reversed, holding that the Declaration unambiguously required fencing to start at the rear corners of the residence and that its anti-waiver provision preserved Bellemeade's right to enforce the restriction.
Missouri Court of Appeals, Western District / Jul 1, 2025
Rose Howland sued Truman Medical Center, alleging co-workers improperly accessed her patient records, discovered her COVID-19 vaccination status, and subsequently harassed and demoted her, forcing her resignation. The trial court dismissed most claims for lack of standing and a negligence per se claim for failure to state a claim. The appellate court reversed the dismissal of Howland's claims for breach of fiduciary duty, breach of implied contract, negligence, and negligent training and supervision, concluding she had sufficiently alleged standing. However, the court affirmed the dismissal of the negligence per se claim, holding that HIPAA and HITECH do not provide a private right of action. The case was remanded for further proceedings.
Missouri Court of Appeals, Eastern District / Jun 17, 2025
Kyle D. Becker sued Thomas M. Schenk for personal injuries sustained during an amateur ice hockey game, specifically a broken wrist. The circuit court granted summary judgment for Schenk, concluding Becker had assumed the risk of injury. The Missouri Court of Appeals, Eastern District, affirmed the judgment, holding that Becker expressly assumed the risk of breaking a bone by signing a clear and unambiguous liability waiver. The court also found that Becker impliedly assumed the inherent risks of playing ice hockey.
Missouri Court of Appeals, Western District / Jun 17, 2025
Stephan Johannesmeyer sued Net Zero, LLC for breach of a promissory note, alleging Net Zero failed to make payments on a $450,000 note issued as part of an asset purchase agreement. Net Zero appealed the trial court's judgment in favor of Johannesmeyer, arguing he lacked standing to sue and there was no consideration for the note. The appellate court affirmed, finding Johannesmeyer had standing as the note's holder and that Net Zero failed to overcome the statutory presumption of consideration.
Missouri Court of Appeals, Western District / Jun 17, 2025
Joseph Weixeldorfer, a former employee of the Kansas City Fire Department, sued the City of Kansas City, Missouri, alleging unauthorized disclosure of medical information, negligence, and breach of contract. The trial court granted summary judgment for the City and denied Weixeldorfer's motion for leave to file a Fifth Amended Petition. The appellate court affirmed, finding no abuse of discretion in denying the amendments because the proposed new parties were time-barred and lacked proper notice, and the new legal theories for sovereign immunity and breach of contract lacked merit or were untimely raised.
Missouri Court of Appeals, Southern District / Jun 16, 2025
Candace Harrell Kyle sued Carolyn Fowler over a one-half interest in a 75.55-acre property, seeking cancellation of a deed, a constructive trust, and damages for breach of an oral contract. The trial court granted relief to Kyle on these claims. On appeal, the Southern District of Missouri vacated the trial court's judgment, holding that the claim for cancellation of the deed was time-barred by the 10-year statute of limitations and that the alleged oral contract for an interest in land was unenforceable under the statute of frauds. The case was remanded for further proceedings.
Missouri Court of Appeals, Eastern District / Jun 10, 2025
Aaron Roesch sued Brittany Sheffer and Peace, Love, Sold, LLC, seeking to enforce an oral agreement for the sale of real property through a constructive trust. Roesch alleged Sheffer agreed to purchase a property for his benefit and then sell it to him, but later demanded a significantly higher price. The trial court dismissed Roesch's petition, citing the statute of frauds and failure to state a claim. The appellate court affirmed the dismissal, holding that Roesch failed to adequately plead a constructive trust claim because he did not allege Sheffer accepted his tendered payment, which is necessary to establish unjust enrichment.
Missouri Court of Appeals, Eastern District / Jun 10, 2025
Sean Dougherty appealed the trial court's judgment striking his pleadings and entering a default judgment in favor of Coppergate Commons Condominium Association as a sanction for his repeated failure to comply with discovery orders. Dougherty also challenged the award of attorneys' fees and the denial of his motion to set aside the judgment. The appellate court affirmed the trial court's judgment, finding no abuse of discretion in the imposition of sanctions or the award of attorneys' fees. The court also granted Coppergate's motion for appellate attorneys' fees and remanded for a determination of the amount.
Missouri Court of Appeals, Eastern District / Jun 10, 2025
David Robinson and 7 R Farm Company appealed a default judgment entered in favor of Hoeman Capital Management (HCM) for breach of an agreement to pay consulting fees. Robinson and the Farm argued the judgment was void due to lack of personal jurisdiction. The appellate court agreed, finding that Robinson's minimal contacts with Missouri did not satisfy the long-arm statute's "transaction of business" prong, and the breach of contract action did not arise out of those contacts. The court vacated the trial court's judgment.
Missouri Court of Appeals, Eastern District / Jun 3, 2025
Hazelcrest I & II Condominium Association obtained a default judgment against 7520 Hazel Crest LLC for unpaid assessments. The circuit court subsequently granted 7520 Hazel Crest LLC's motion to set aside the default judgment. On appeal, the Eastern District reversed, holding that 7520 Hazel Crest LLC failed to prove good cause for setting aside the default judgment under Rule 74.05(d) because merely alleging a registered agent failed to provide notice, without further explanation, is insufficient to show a good faith mistake rather than recklessness.
Missouri Court of Appeals, Western District / Jun 3, 2025
Dana Casnocha-Jones's nursing license was revoked by the State Board of Nursing, but the trial court reversed that decision and ordered a probated license. Casnocha-Jones then sought attorney's fees, which the trial court partially granted, awarding fees incurred during the Board's appeal. The Board appealed this award of attorney's fees. The appellate court reversed the trial court's judgment, holding that Casnocha-Jones had waived her right to attorney's fees in a settlement agreement and that her application for fees was untimely.
Missouri Court of Appeals, Eastern District / Jun 3, 2025
Ashley Dill sued Jason Hale and AutoCenters Bonne Terre, LLC, alleging claims related to a vehicle purchase. Defendants moved to compel arbitration, which the trial court denied, finding the arbitration agreement lacked consideration and was not signed by all parties. The appellate court affirmed the denial of arbitration as to Defendant Hale, but reversed the denial as to Defendant AutoCenters. The court held that the arbitration agreement was supported by consideration from the contemporaneously signed installment contract and was enforceable against AutoCenters despite its lack of signature on the arbitration agreement itself. The case was remanded for further proceedings consistent with the opinion.
Missouri Court of Appeals, Southern District / May 28, 2025
Plaintiffs, members of the International Brotherhood of Electrical Workers Local Union 702, sued the City of Poplar Bluff for breach of a collective bargaining agreement. They claimed the City breached the agreement by not hiring Union member Quinton Tillman for a Water Plant Operator position, instead hiring Daniel Sparks. The trial court granted summary judgment for the City. The appellate court affirmed, holding that Sparks was an employee covered by the agreement and thus Tillman was not the only eligible internal applicant, negating the claim for job preference.
Missouri Court of Appeals, Eastern District / May 27, 2025
AJO MO, LLC and Hi-Rise, LLC, proposed intervenors, appealed a consent judgment between Delphi Management Solutions, Inc. and Heya Retail, LLC, concerning the ownership and management of marijuana dispensaries, and also appealed the denial of their motion to intervene. The appellate court dismissed the appeal regarding the consent judgment, finding the proposed intervenors lacked standing as they were not parties to the judgment and were not aggrieved. The court affirmed the denial of the motion to intervene, noting the appellants failed to provide a sufficient record for review.