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23 Missouri opinions name it 2 courts 1968–2013 0 in the last five years
The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Rakestraw v. Norrisgreen2 sentences1987Polk County Bank v. Spitz, 690 S.W.2d 192, 194 (Mo.App.1985); Rakestraw v. Norris, 478 S.W.2d 409, 414 (Mo.App.1972); Wadlow v. Donald Lindner Homes, Inc., 654 S.W.2d 644, 646-7 (Mo.App.1972). 1984If respondent stated a “paper case” against McFail, Rakestraw v. Norris, 478 S.W.2d at 414 , he fails to establish that he had an honest belief in a justiciable claim against McFail. | 4 | 4 |
Wadlow v. Donald Lindner Homes, Inc.green2 sentences1991Wadlow I states: “plaintiffs carry the burden of proof to show an honest belief that there is a justiciable claim against the resident party.” 654 S.W.2d at 646 . 1988Wadlow v. Donald Lindner Homes, Inc., 654 S.W.2d 644, 646 (Mo.App.1983). | 3 | 4 |
Raskas Foods, Inc. v. Southwest Whey, Inc.green2 sentences2005“Where venue is an issue, the plaintiff carries the burden of proof to show an honest belief that there is a justiciable claim against a resident party.” Raskas Foods, Inc. v. Southwest Whey, Inc., 978 S.W.2d 46, 49 (Mo.App.1998). 2005"Where venue is an issue, the plaintiff carries the burden of proof to show an honest belief that there is a justiciable claim against a resident party." Raskas Foods, Inc. v. Southwest Whey, Inc., 978 S.W.2d 46, 49 (Mo.App.1998). | 2 | 2 |
Goff v. Schlegelgreen2 sentences1998Goff v. Schlegel, 748 S.W.2d 813, 817 (Mo.App.1988). 1991Goff v. Schlegel, 748 S.W.2d 813, 817 (Mo.App.1988), Birdsong v. Adolf, 724 S.W.2d 731, 733 (Mo.App.1987), and Polk County Bank v. Spitz, 690 S.W.2d 192, 194 (Mo.App.1985) are examples of the former position. | 2 | 2 |
Polk County Bank v. Spitzgreen2 sentences1991Goff v. Schlegel, 748 S.W.2d 813, 817 (Mo.App.1988), Birdsong v. Adolf, 724 S.W.2d 731, 733 (Mo.App.1987), and Polk County Bank v. Spitz, 690 S.W.2d 192, 194 (Mo.App.1985) are examples of the former position. 1987Polk County Bank v. Spitz, 690 S.W.2d 192, 194 (Mo.App.1985); Rakestraw v. Norris, 478 S.W.2d 409, 414 (Mo.App.1972); Wadlow v. Donald Lindner Homes, Inc., 654 S.W.2d 644, 646-7 (Mo.App.1972). | 2 | 2 |
State v. Perezgreen2 sentences1991Luster, 785 S.W.2d at 107 [9]; State v. Perez, 768 S.W.2d 224, 228 [3] (Mo.App.1989). 1991Consequently, motion counsel’s failure to amend movant’s pro se motion does not entitle movant to reversal under Luster, 785 S.W.2d at 107 [9], or Perez, 768 S.W.2d at 228 [3]. | 2 | 2 |
State Ex Rel. Coca Cola Bottling Co. of Mid-America v. Gaertnergreen2 sentences1994Id. at 447-48 . 1994Per Coca Cola, the join-der is not pretensive if the party has “an honest belief, based on the law and the evidence, that a justiciable claim exists against the party joined.” [Emphasis added.] Id., 681 S.W.2d at 447-48 . | 1 | 3 |
State v. Brownleegreen1 sentence2013See Raskas Foods, Inc. v. Southwest Whey, Inc., 978 S.W.2d 46, 49 (Mo.App.1998); Igoe, 152 S.W.3d at 288 . “[D]espite the subjective connotation of the term ‘honest belief the standard is an objective one, perhaps more appropriately denominated as a ‘realistic belief that under the law and the evidence a justiciable claim exists.” Bottger v. Cheek, 815 S.W.2d 76, 80 (Mo.App.1991). | 1 | 1 |
Preisler v. Hearnesgreen1 sentence2012Constitutional challenges to the plan filed by the nonpartisan reapportionment commission present a justiciable claim for which this Court has jurisdiction. “ ‘It is well settled that courts have jurisdiction and authority to pass upon the validity of legislative acts apportioning the state into senatorial or other election districts and declare them invalid for failure to observe nondiscretionary limitations imposed by the Constitution.’ ” Teichman, 357 S.W.3d at 606 (quoting Preisler v. Hearnes, 362 S.W.2d 552, 555 (Mo. banc 1962)). | 1 | 1 |
Davis v. Stategreen1 sentence1993Even so, the relief requested by Defendant “is warranted only if the record indicates that [he] had a justiciable claim which counsel failed to present to the motion court.” Davis v. State, 804 S.W.2d 31, 34 [5] (Mo.App.1990); See also, Pollard v. State, 807 S.W.2d 498, 502 [7] (Mo. banc 1991); Carr v. State, 819 S.W.2d 84, 87 [1] (Mo.App.1991). | 1 | 1 |
Carr v. Stategreen1 sentence1993Even so, the relief requested by Defendant “is warranted only if the record indicates that [he] had a justiciable claim which counsel failed to present to the motion court.” Davis v. State, 804 S.W.2d 31, 34 [5] (Mo.App.1990); See also, Pollard v. State, 807 S.W.2d 498, 502 [7] (Mo. banc 1991); Carr v. State, 819 S.W.2d 84, 87 [1] (Mo.App.1991). | 1 | 1 |
Pollard v. Stategreen1 sentence1993Even so, the relief requested by Defendant “is warranted only if the record indicates that [he] had a justiciable claim which counsel failed to present to the motion court.” Davis v. State, 804 S.W.2d 31, 34 [5] (Mo.App.1990); See also, Pollard v. State, 807 S.W.2d 498, 502 [7] (Mo. banc 1991); Carr v. State, 819 S.W.2d 84, 87 [1] (Mo.App.1991). | 1 | 1 |
Luster v. Stategreen2 sentences1991Luster, 785 S.W.2d at 107 [9]; State v. Perez, 768 S.W.2d 224, 228 [3] (Mo.App.1989). 1991Consequently, motion counsel’s failure to amend movant’s pro se motion does not entitle movant to reversal under Luster, 785 S.W.2d at 107 [9], or Perez, 768 S.W.2d at 228 [3]. | 1 | 1 |
Birdsong v. Adolfgreen1 sentence1991Goff v. Schlegel, 748 S.W.2d 813, 817 (Mo.App.1988), Birdsong v. Adolf, 724 S.W.2d 731, 733 (Mo.App.1987), and Polk County Bank v. Spitz, 690 S.W.2d 192, 194 (Mo.App.1985) are examples of the former position. | 1 | 1 |
Hanrahan v. Nashua Corp.green1 sentence1991Hanrahan v. Nashua Corp., 752 S.W.2d 878, 882 [7, 8] (Mo.App.1988). | 1 | 1 |
Woolsey v. Stategreen1 sentence1990Perez, 768 S.W.2d at 228 [3]; Woosley v. State, 738 S.W.2d 483, 485 [2] (Mo.App.1987). | 1 | 1 |
Laun v. Union Electric Co. of Missourigreen2 sentences1988Those rights which are recognized and protected by the law encompass property rights, Smith v. Smith, 300 S.W.2d 275, 280-81 (Mo.App.1957), including contractual and business relations, Boyer v. Independence Manor Care Center, Inc., 721 S.W.2d 246, 248 (Mo.App.1986), and personal rights, including the right to enjoyment of one's reputation, see generally, Laun v. Union Electric Co. of Missouri, 350 Mo. 572 , 166 S.W.2d 1065, 1071 (1942), Hester v. Barnett, 723 S.W.2d 544, 556-57 (Mo.App.1987), and the right to privacy, Sofka v. Thal, 662 S.W.2d 502, 509 (Mo. 1983). 1988Those rights which are recognized and protected by the law encompass property rights, Smith v. Smith, 300 S.W.2d 275, 280-81 (Mo.App.1957), including contractual and business relations, Boyer v. Independence Manor Care Center, Inc., 721 S.W.2d 246, 248 (Mo.App.1986), and personal rights, including the right to enjoyment of one's reputation, see generally, Laun v. Union Electric Co. of Missouri, 350 Mo. 572 , 166 S.W.2d 1065, 1071 (1942), Hester v. Barnett, 723 S.W.2d 544, 556-57 (Mo.App.1987), and the right to privacy, Sofka v. Thal, 662 S.W.2d 502, 509 (Mo. 1983). | 1 | 1 |
Smith v. Smithgreen2 sentences1988Those rights which are recognized and protected by the law encompass property rights, Smith v. Smith, 300 S.W.2d 275, 280-81 (Mo.App.1957), including contractual and business relations, Boyer v. Independence Manor Care Center, Inc., 721 S.W.2d 246, 248 (Mo.App.1986), and personal rights, including the right to enjoyment of one’s reputation, see generally, Laun v. Union Electric Co. of Missouri, 350 Mo. 572 , 166 S.W.2d 1065, 1071 (1942), Hester v. Barnett, 723 S.W.2d 544, 556-57 (Mo.App.1987), and the right to privacy, Sofka v. Thal, 662 S.W.2d 502, 509 (Mo.1983). 1988Those rights which are recognized and protected by the law encompass property rights, Smith v. Smith, 300 S.W.2d 275, 280-81 (Mo.App.1957), including contractual and business relations, Boyer v. Independence Manor Care Center, Inc., 721 S.W.2d 246, 248 (Mo.App.1986), and personal rights, including the right to enjoyment of one's reputation, see generally, Laun v. Union Electric Co. of Missouri, 350 Mo. 572 , 166 S.W.2d 1065, 1071 (1942), Hester v. Barnett, 723 S.W.2d 544, 556-57 (Mo.App.1987), and the right to privacy, Sofka v. Thal, 662 S.W.2d 502, 509 (Mo. 1983). | 1 | 1 |
Sofka v. Thalgreen2 sentences1988Those rights which are recognized and protected by the law encompass property rights, Smith v. Smith, 300 S.W.2d 275, 280-81 (Mo.App.1957), including contractual and business relations, Boyer v. Independence Manor Care Center, Inc., 721 S.W.2d 246, 248 (Mo.App.1986), and personal rights, including the right to enjoyment of one’s reputation, see generally, Laun v. Union Electric Co. of Missouri, 350 Mo. 572 , 166 S.W.2d 1065, 1071 (1942), Hester v. Barnett, 723 S.W.2d 544, 556-57 (Mo.App.1987), and the right to privacy, Sofka v. Thal, 662 S.W.2d 502, 509 (Mo.1983). 1988Those rights which are recognized and protected by the law encompass property rights, Smith v. Smith, 300 S.W.2d 275, 280-81 (Mo.App.1957), including contractual and business relations, Boyer v. Independence Manor Care Center, Inc., 721 S.W.2d 246, 248 (Mo.App.1986), and personal rights, including the right to enjoyment of one's reputation, see generally, Laun v. Union Electric Co. of Missouri, 350 Mo. 572 , 166 S.W.2d 1065, 1071 (1942), Hester v. Barnett, 723 S.W.2d 544, 556-57 (Mo.App.1987), and the right to privacy, Sofka v. Thal, 662 S.W.2d 502, 509 (Mo. 1983). | 1 | 1 |
Boyer v. Independence Manor Care Center, Inc.green2 sentences1988Those rights which are recognized and protected by the law encompass property rights, Smith v. Smith, 300 S.W.2d 275, 280-81 (Mo.App.1957), including contractual and business relations, Boyer v. Independence Manor Care Center, Inc., 721 S.W.2d 246, 248 (Mo.App.1986), and personal rights, including the right to enjoyment of one’s reputation, see generally, Laun v. Union Electric Co. of Missouri, 350 Mo. 572 , 166 S.W.2d 1065, 1071 (1942), Hester v. Barnett, 723 S.W.2d 544, 556-57 (Mo.App.1987), and the right to privacy, Sofka v. Thal, 662 S.W.2d 502, 509 (Mo.1983). 1988Those rights which are recognized and protected by the law encompass property rights, Smith v. Smith, 300 S.W.2d 275, 280-81 (Mo.App.1957), including contractual and business relations, Boyer v. Independence Manor Care Center, Inc., 721 S.W.2d 246, 248 (Mo.App.1986), and personal rights, including the right to enjoyment of one's reputation, see generally, Laun v. Union Electric Co. of Missouri, 350 Mo. 572 , 166 S.W.2d 1065, 1071 (1942), Hester v. Barnett, 723 S.W.2d 544, 556-57 (Mo.App.1987), and the right to privacy, Sofka v. Thal, 662 S.W.2d 502, 509 (Mo. 1983). | 1 | 1 |
Tyler v. Whiteheadgreen1 sentence1981Tyler v. Whitehead, 583 S.W.2d 240, 242 [4] (Mo.App.1979). | 1 | 1 |
Sanders v. Marks and Kimmellgreen2 sentences1972White v. Burkeybile, Mo., 386 S.W.2d 418, 425 [13], The fact that plaintiff is related to Mrs. Goodman and that she instituted the action in the county in which both reside does not necessarily indicate a fraudulent join-der, Sanders v. Marks, supra, 228 Mo.App. at 1086 , 60 S.W.2d at 695 [6], and the fact that plaintiff dismissed as to Mr. Goodman *415 before trial would not divest the Howell County Circuit Court of jurisdiction over defendant’s person, if that jurisdiction was fairly acquired prior to the dismissal. 1972White v. Burkeybile, Mo., 386 S.W.2d 418, 425 [13], The fact that plaintiff is related to Mrs. Goodman and that she instituted the action in the county in which both reside does not necessarily indicate a fraudulent join-der, Sanders v. Marks, supra, 228 Mo.App. at 1086 , 60 S.W.2d at 695 [6], and the fact that plaintiff dismissed as to Mr. Goodman *415 before trial would not divest the Howell County Circuit Court of jurisdiction over defendant’s person, if that jurisdiction was fairly acquired prior to the dismissal. | 1 | 1 |
| White v. Burkeybilegreen | 1 | 1 |
| E. O. Dorsch Electric Co. v. Plaza Construction Co.green | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Igoe v. Department of Labor and Industrial Relations of the State
green
1 sentence2013See Raskas Foods, Inc. v. Southwest Whey, Inc., 978 S.W.2d 46, 49 (Mo.App.1998); Igoe, 152 S.W.3d at 288 . “[D]espite the subjective connotation of the term ‘honest belief the standard is an objective one, perhaps more appropriately denominated as a ‘realistic belief that under the law and the evidence a justiciable claim exists.” Bottger v. Cheek, 815 S.W.2d 76, 80 (Mo.App.1991). | 1 | 2013–2013 |
State ex rel. Teichman v. Carnahan
green
1 sentence2012Constitutional challenges to the plan filed by the nonpartisan reapportionment commission present a justiciable claim for which this Court has jurisdiction. “ ‘It is well settled that courts have jurisdiction and authority to pass upon the validity of legislative acts apportioning the state into senatorial or other election districts and declare them invalid for failure to observe nondiscretionary limitations imposed by the Constitution.’ ” Teichman, 357 S.W.3d at 606 (quoting Preisler v. Hearnes, 362 S.W.2d 552, 555 (Mo. banc 1962)). | 1 | 2012–2012 |
Sledge v. Town & Country Tire Centers, Inc.
green
1 sentence1994Per Coca Cola, the join-der is not pretensive if the party has “an honest belief, based on the law and the evidence, that a justiciable claim exists against the party joined.” [Emphasis added.] Id., 681 S.W.2d at 447-48 . | 1 | 1994–1994 |
Wadlow Ex Rel. Wadlow v. Lindner Homes, Inc.
green
1 sentence1991Wadlow II, however, asserts: “the burden is upon [nonresident defendant] to support the allegations of fraudulent joinder.” 722 S.W.2d at 624-25 . | 1 | 1991–1991 |
Jones v. State
green
1 sentence1990Movant’s reliance upon Jones v. State, 702 S.W.2d 557 (Mo.App.1985), and McAlester v. State, 658 S.W.2d 90 (Mo.App.1983), for his claim that the case should be remanded to permit amendment of his Rule 27.26 motion to include a justiciable claim is misplaced. | 1 | 1990–1990 |
McAlester v. State
green
1 sentence1990Movant’s reliance upon Jones v. State, 702 S.W.2d 557 (Mo.App.1985), and McAlester v. State, 658 S.W.2d 90 (Mo.App.1983), for his claim that the case should be remanded to permit amendment of his Rule 27.26 motion to include a justiciable claim is misplaced. | 1 | 1990–1990 |
Hester v. Barnett
green
2 sentences1988Those rights which are recognized and protected by the law encompass property rights, Smith v. Smith, 300 S.W.2d 275, 280-81 (Mo.App.1957), including contractual and business relations, Boyer v. Independence Manor Care Center, Inc., 721 S.W.2d 246, 248 (Mo.App.1986), and personal rights, including the right to enjoyment of one’s reputation, see generally, Laun v. Union Electric Co. of Missouri, 350 Mo. 572 , 166 S.W.2d 1065, 1071 (1942), Hester v. Barnett, 723 S.W.2d 544, 556-57 (Mo.App.1987), and the right to privacy, Sofka v. Thal, 662 S.W.2d 502, 509 (Mo.1983). 1988Those rights which are recognized and protected by the law encompass property rights, Smith v. Smith, 300 S.W.2d 275, 280-81 (Mo.App.1957), including contractual and business relations, Boyer v. Independence Manor Care Center, Inc., 721 S.W.2d 246, 248 (Mo.App.1986), and personal rights, including the right to enjoyment of one's reputation, see generally, Laun v. Union Electric Co. of Missouri, 350 Mo. 572 , 166 S.W.2d 1065, 1071 (1942), Hester v. Barnett, 723 S.W.2d 544, 556-57 (Mo.App.1987), and the right to privacy, Sofka v. Thal, 662 S.W.2d 502, 509 (Mo. 1983). | 1 | 1988–1988 |
Pretsky v. Southwestern Bell Telephone Company
green
1 sentence1987COUNT IV INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS The rubric notwithstanding, Count IV pleads expressly the tort of extreme and outrageous conduct as introduced in Pretsky v. Southwestern Bell Telephone Company, 396 S.W.2d 566 (Mo.1965). | 1 | 1987–1987 |
| Greenwood v. Schnake green | 1 | 1972–1972 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.