Case summaries for May 16-23, 2025

Appellate | Criminal | Evidence | Personal injury | Real estate

Appellate

Payment of lien mooted appeal 
With few exceptions, appellate courts did not hear appeals rendered moot by post-judgment events that eliminated any live controversy or possible effective relief. The appellant sought review of a judgment finding the appellant’s property subject to a lien, and the appellant paid the lien, so the appeal was moot. No exception applied. The Missouri Court of Appeals dismissed the appeal. 
(Overview summary) 
WMAC 2013, LLC, Appellant, vs. The Metropolitan St. Louis Sewer District, Respondent. 
Missouri Court of Appeals-Eastern District – ED112972

Criminal

Overwhelming evidence of guilt negated plain error
The elements of plain error included an open obvious error that resulted in manifest injustice. In the context of closing argument, that meant a decisive effect on the jury. Arguments on punishment were barred during the guilt phase, but overwhelming evidence of guilt negated any possible prejudice, so the circuit court’s failure to intervene sua sponte during such argument — and during evidence of victim’s character — did not result in plain error. 
(Overview summary) 
State of Missouri, Respondent, vs. Todd M. Wilbert, Appellant. 
Missouri Court of Appeals-Eastern District – ED112468

Evidence

Hearsay correctly limited 
The rule against hearsay did not bar out-of-court declarations offered to explain a law enforcement officer’s conduct. The circuit court carefully limited the challenged declarations as the defendant requested, and the challenged evidence was cumulative, so the defendant showed no abuse of discretion and no prejudice. 
(Overview summary) 
State of Missouri, Respondent, vs. Walter Dallas, Appellant. 
Missouri Court of Appeals-Eastern District – ED112656

Personal injury

Demand letter for punitive damages okay 
The defendant’s admission of liability under respondeat superior barred any other theory of vicarious liability, except when punitive damages were at issue, so evidence of the defendant’s employee’s drug use was admissible. And the defendant showed no prejudice from that evidence. Requirements for pre-judgment interest included a demand letter to the defendant’s insured, with which the plaintiff complied by sending that letter to the defendant’s lawyer because “defense counsel retained by an insurance company actually represents both insurer and insured.” 
(Overview summary) 
Midwest Trust Co. as Conservator for K.P. vs. United Parcel Service, Inc. 
Missouri Court of Appeals-Western District – WD86697 consolidated with WD87624

Real estate

Partition judgment affirmed 
In actions for partition, division in kind is the favored remedy, subject to whether a sale would benefit the parties materially more. The record supported the circuit court’s characterization of payments to a party as compensation for work rather than draws on the estate. The defendants did not show any prejudice from the distribution of revenues as part of winding up the parties’ partnership. The work of the plaintiffs’ lawyer included title searching and surveying that benefited all parties, so the statutes allow an award of attorney fees, and the circuit court did not err in attributing misconduct to the client and not the lawyer. 
(Overview summary) 
Thomas G. Blaylock, et al. vs. Steven R. Blaylock, et al. 
Missouri Court of Appeals-Western District – WD86907 Consolidated with WD86939

Easement survived tax sale 
A matter not raised in circuit court was unpreserved for appellate review, and the plaintiff appellant did not seek plain error review, so the Missouri Court of Appeals denied that point. Points relied on that included subpoints and additional legal reasons for reversal constituted multifarious points subject to dismissal, but were understandable, so the Court of Appeals reviewed them. Requirements for a collector’s deed included notice to all persons with recorded interests, and possession of collector’s deeds was prima facie evidence of compliance, but that did not make lack of notice an affirmative defense; and the defendants negated the plaintiff’s allegations on notice. Statutes governing tax sales provided for the survival of valid easements in use or of record. The defendant lessor’s rights to specified use of property without benefit to any other property constituted an easement in gross, not ownership and not profit a prendre, recorded and in use. Whether an easement should be void as against public policy, by avoiding taxes, was not for the Court of Appeals to decide. 
(Overview summary) 
3018 Pershall, LLC, Appellant, v. Outfront Media, LLC, et al., Respondents. 
Missouri Court of Appeals-Western District – WD113029