Case summaries for Nov. 8-14, 2024

Civil | Criminal | Evidence | Family | Probate | Tax

Civil

Equitable set-aside limited 
Rules allowed a circuit court to set aside a default judgment on a motion filed within a reasonable time but not later than a year after the entry of such judgment. After that, the only remaining remedy was a suit in equity to set aside the judgment for extrinsic fraud, meaning a fraud on the circuit court. And the complaining party had to be free of fault, inattention, and neglect. The defendant in the defaulted action could not make those allegations, so the circuit court did not err in denying relief. 
ROBERT BINGHAM, Plaintiff-Respondent v. NATIONAL LIABILITY & FIRE INC., CO., Defendant-Appellant 
Missouri Court of Appeals-Southern District - SD38272

Criminal

Waiver of a jury trial okay 
Constitutional provisions protecting the right to trial by jury implied the right to waive a jury trial in favor of a bench trial but also required that any such waiver was voluntary, knowing, and intelligent. A waiver was voluntary, knowing, and intelligent when the circuit court informed the defendant of what a jury generally did, and did not require application of those general principles to any of the defendant’s specific case. No plain error occurred when the circuit court’s colloquy with the defendant omitted the source of potential jurors. The record showed that the defendant was proficient in English and that the circuit court provided the defendant with two interpreters, so language was no barrier to the defendant’s understanding of the circuit court’s explanation in English. 
(Overview summary) 
State of Missouri vs. Suliang Bu 
Missouri Court of Appeals-Western District – WD86487

Evidence

“No objection” meant no appeal 
The appellant waived even plain error review when the appellant affirmatively stated “no objection” to the jury viewing a video-recorded interview. “A statement that counsel has no objection, as opposed to a failure to object, waives plain error review because the response precludes a finding that the failure to object was negligent or inadvertent.” 
STATE OF MISSOURI, Plaintiff-Respondent v. MARK SALEUTOGI KELEISE, Defendant-Appellant 
Missouri Court of Appeals-Southern District - SD38160

Family

Paternity judgment changed child’s surname 
No presumption assigned either parent’s name to a child born outside of marriage. Statute governing paternity actions authorized circuit court to make any order on “[a]ny matter in the best interest of the child.” That included changing the child’s name. Factors guiding circuit court’s exercise of discretion included local custom, comfort, and fostering a relationship with parents bearing the same name. The circuit court did not abuse its discretion in ordering the child to bear a hyphenated surname composed of the parents’ surnames. 
(Overview summary) 
In Re the Matter of: H.G., By Their Next Friend, K.B., and K.B., Individually vs. C.G. 
Missouri Court of Appeals-Western District – WD86704

Probate

No standing to appeal appointment of guardian
Circuit court appointed a relative as guardian for children and children’s foster parent appealed. Rule required appellant’s brief to include a jurisdictional statement to support appellant’s standing to appeal a judgment. Standing to appeal a judgment existed by statute, and statutes governing probate judgment granted standing to an interested person, also defined by statute. That statute did not include appellant foster parent. The Court of Appeals dismissed the appeal.
IN THE INTEREST OF: Z.N.B. and A.L.C., Minor children under seventeen years of age, CARTER COUNTY JUVENILE OFFICER, Petitioner-Respondent v. B.L.C., Intervenor-Appellant
Missouri Court of Appeals-Southern District - SD38171, 38174, 38175 & 38176

Tax

Marijuana sales taxing authority clarified 
Constitutional provisions authorized certain local governments to impose an additional tax on the retail sale of marijuana. Those provisions unambiguously define local government as follows: for an area incorporated in a city, town, or village for an unincorporated area, the county. The Missouri Court of Appeals reversed summary judgment for counties; entered judgment for the plaintiff merchant; and enjoined further collection of taxes by counties in cities, towns, and villages. 
(Overview summary)
Robust Missouri Dispensary 3, LLC, Appellant, v. St. Louis County, Missouri, et al., Respondents.
Missouri Court of Appeals-Eastern District - ED112642