Div. of Emp. Sec. v. Training Assocs. Corp., 372 S.W.3d 490 (Mo. Ct. App. 2012). · Go Syfert
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Div. of Emp. Sec. v. Training Assocs. Corp., 372 S.W.3d 490 (Mo. Ct. App. 2012). Cases Citing This Book View Copy Cite
“the authority to assess damages for a frivolous appeal rests within the sound discretion of this court.”
7 citation events (7 in the last 25 years) across 2 distinct courts.
Strongest positive: STRCUE, Inc. v. Potts (moctapp, 2012-11-27)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) STRCUE, Inc. v. Potts (2×) also: Cited as authority (rule)
Mo. Ct. App. · 2012 · quote attribution · 1 verbatim quote · confidence high
the authority to assess damages for a frivolous appeal rests within the sound discretion of this court.
discussed Cited as authority (rule) Alissa's Flowers, Inc. v. State Farm Fire & Casualty Co.
8th Cir. · 2022 · confidence medium
See McCracken v. Wal-Mart Stores E., LP, 298 S.W.3d 473 , 476–77 (Mo. 2009) (en banc) (distinguishing subject matter jurisdiction from authority to grant relief); Shafinia v. Nash, 372 S.W.3d 490, 495 (Mo. Ct. App. 2012) (doctrine of exhaustion of administrative remedies limits court’s authority to grant relief).
discussed Cited as authority (rule) Kerr v. Missouri Veterans Commission
Mo. Ct. App. · 2017 · confidence medium
Thus, the failure to exhaust , administrative remedies is no longer to be understood in terms of subject matter jurisdiction; “[i]t should now be understood as a matter of limits on the court’s authority.” Shafinia v. Nash, 372 S.W.3d 490, 495 (Mo. App. W.D. 2012).
discussed Cited "see" Westside Neighborhood Association v. Gail McCann Beatty
Mo. Ct. App. · 2021 · signal: see · confidence high
See Shafinia v. Nash, 372 S.W.3d 490, 494-95 (Mo. App. W.D. 2012) (The doctrine of exhaustion of administrative remedies “should no longer be understood” as a requirement of subject matter jurisdiction; rather it should “be understood as a matter of limits on the court’s authority.”).
discussed Cited "see" THE EMPIRE DISTRICT ELECTRIC COMPANY, Plaintiff-Respondent v. DOUGLAS L. COVERDELL, and COVERDELL ENTERPRISES, INC., and CITY OF BRANSON, MISSOURI, Defendant-Respondent, and ARVEST BANK, and BANK OF AMERICA, N.A., n/k/a U.S. BANK, N.A., Intervenors-Respondents, and COMMUNITY BANK OF THE OZARKS
Mo. Ct. App. · 2015 · signal: see · confidence high
See Shafinia v. Nash, 372 S.W.3d 490, 496 (Mo. App. W.D. 2012) ("authority to assess damages 6 The various motions filed by Respondents rightly identify significant violations of Rule 84 that have made it extremely difficult for this court to analyze and resolve Appellants' error claims.
discussed Cited "see" Empire District Electric Co. v. Coverdell
Mo. Ct. App. · 2015 · signal: see · confidence high
See Shafinia v. Nash, 372 S.W.3d 490, 496 (Mo.App.W.D.2012) ("authority to assess damages for a frivolous appeal rests within the sound discretion of this court[,]” and we may exercise discretion to deny such a motion). .
Retrieving the full opinion text from the archive…
DIVISION OF EMPLOYMENT SECURITY
v.
THE TRAINING ASSOCIATES CORPORATION
No. WD 73948.
Missouri Court of Appeals.
Apr 3, 2012.
372 S.W.3d 490
Bart A. Matanic, Jefferson City, MO, for appellant., David H. Luce, St. Louis, MO, for respondent.
Ahuja, Beetem, Hardwick.
Published

ORDER

PER CURIAM.

The Division of Employment Security appeals the decision of the Labor and Industrial Relations Commission that Fred Egert was an independent contractor and not an employee of The Training Associates Corporation for purposes of unemployment benefits. For reasons explained in a Memorandum provided to the parties, we find no error and affirm the Commission’s decision.

AFFIRMED. Rule 84.16(b).