award error (Missouri) · Go Syfert
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award error in Missouri

13 Missouri opinions name it 2 courts 1939–2020 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.

Followed or applied (3)

CaseFollowedCited
Shaw v. Shawgreen
moctapp · 1997 · cited in 1 Missouri opinions naming this issue, 2003–2003
1 sentence

2003In addition, this award requires a hearing before the judgment could be executed.' “ ‘A conditional judgment ... is one whose enforcement is dependent upon the performance of future acts by a litigant and which is to be annulled if default occurs[.]’ ” Shaw v. Shaw, 951 S.W.2d 746, 750 (Mo.App.1997) (quoting Burch v. Burch, 805 S.W.2d 841, 348 (Mo.App.1991)).

11
Oberreiter v. Fullbright Truckinggreen
moctapp · 2000 · cited in 1 Missouri opinions naming this issue, 2003–2003
1 sentence

2003In Oberreiter v. Fullbright Trucking, 24 S.W.3d 727, 729 (Mo.App.2000) (“Oberreiter II”), this Court noted that there were no specific provisions in the Workers’ Compensation Act concerning dismissals without prejudice.

11
Cmd v. Jrdgreen
moctapp · 1986 · cited in 1 Missouri opinions naming this issue, 1993–1993
1 sentence

1993The decree awarded her $18,000 “retroactive maintenance.” On appeal by the husband, the court held the award was error, explaining that the maintenance statute (then § 452.335, RSMo 1978) spoke prospectively, not retrospectively. 710 S.W.2d at 479 [12].

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
Gattenby v. Treasurer of the State-Custodian of the Second Injury Fund green
moctapp · 2017
1 sentence

2020The Commission's Award applied the analysis of Gattenby v. Treasurer of Missouri-Custodian of the Second Injury Fund, 516 S.W.3d 859 (Mo. App. W.D. 2017), which was overturned by Cosby. 12 applied Subsection 2 even though Cosby requires the application of Subsection 3.

12020–2020
Williams v. Tyson Foods Inc. green
moctapp · 2017
1 sentence

2018Williams , 530 S.W.3d at 524 n.3.

12018–2018
Jennings v. Station Casino St. Charles green
moctapp · 2006
1 sentence

2016Id. at 558 . *321 This argument was raised before the Commission, and the Commission found that there was, in fact, additional significant evidence presented at the final award hearing to support the modification of the temporary award.

12016–2016
Jackson v. Stahl Specialty Co. green
moctapp · 2010
2 sentences

2012Conversely, the Commission’s order “remains tentative, provisional, contingent^ or] subject to recall, revision or reconsideration by the commission.” Id.

2012In that posture, the determination of the commutation issue is part of the award on the claim and, therefore, the Commission’s order did not “[dispose] of the entire controversy between the parties to the claim[,]” nor did it “[arrive] at a terminal, complete resolution of the case before it.” See Jackson, 310 S.W.3d at 710 .

12012–2012
Barnes v. State green
moctapp · 2005
1 sentence

2009Id.

12009–2009
Brown v. Color Coating, Inc. green
moctapp · 1993
1 sentence

2005Employer cites such cases as Brown v. Color Coating, Inc., 867 S.W.2d 242 (Mo.App.1993), for the general rule that a judgment must be sufficiently certain in its terms to be susceptible of enforcement without resort to external proof or another hearing.

12005–2005
Temple Stephens Co. v. Westenhaver green
moctapp · 1989
1 sentence

1990Temple Stephens, supra, 776 S.W.2d at 442 .

11990–1990
Arkansas-Missouri Power Company v. Hamlin green
moctapp · 1956
1 sentence

1957And it has been said that to instruct the jury to allow interest on the excess of value found by them over the award is error because it presupposes or suggests that the amount of damage is to be increased.” Arkansas-Missouri Power Co', v. Hamlin, 288 S.W.2d 14, 18 .

11957–1957
Sweet v. Maupin green
mo · 1877
1 sentence

1957A general statement which does not distinctly designate the ex-cessiveness of the award as the error relied upon will not serve to preserve such excessiveness as an assignment of error on appeal. 3 Am.Jur., Appeal and Error, sec. 401, p. 132; 4 C.J.S., Appeal and Error, § 388, p. 838; Tynes v. Terrill, 19 S.W.2d 505 , supra; Spickard v. Continental Casualty Co., 228 Mo.App., 233 , 64 S.W.2d 734 ; Marsters v. Bray, Mo.Sup., 85 S.W.2d 479 , 481; Bond v. Williams, 279 Mo. 215 , 214 S.W. 202, 206 , 16 A.L.R. 755 ; Sweet v. Maupin, 65 Mo. 65, 68 .

11957–1957
Bond v. Williams green
mo · 1919
2 sentences

1957A general statement which does not distinctly designate the ex-cessiveness of the award as the error relied upon will not serve to preserve such excessiveness as an assignment of error on appeal. 3 Am.Jur., Appeal and Error, sec. 401, p. 132; 4 C.J.S., Appeal and Error, § 388, p. 838; Tynes v. Terrill, 19 S.W.2d 505 , supra; Spickard v. Continental Casualty Co., 228 Mo.App., 233 , 64 S.W.2d 734 ; Marsters v. Bray, Mo.Sup., 85 S.W.2d 479 , 481; Bond v. Williams, 279 Mo. 215 , 214 S.W. 202, 206 , 16 A.L.R. 755 ; Sweet v. Maupin, 65 Mo. 65, 68 .

1957A general statement which does not distinctly designate the ex-cessiveness of the award as the error relied upon will not serve to preserve such excessiveness as an assignment of error on appeal. 3 Am.Jur., Appeal and Error, sec. 401, p. 132; 4 C.J.S., Appeal and Error, § 388, p. 838; Tynes v. Terrill, 19 S.W.2d 505 , supra; Spickard v. Continental Casualty Co., 228 Mo.App., 233 , 64 S.W.2d 734 ; Marsters v. Bray, Mo.Sup., 85 S.W.2d 479 , 481; Bond v. Williams, 279 Mo. 215 , 214 S.W. 202, 206 , 16 A.L.R. 755 ; Sweet v. Maupin, 65 Mo. 65, 68 .

11957–1957
Spickard v. Continental Casualty Co. green
moctapp · 1933
2 sentences

1957A general statement which does not distinctly designate the ex-cessiveness of the award as the error relied upon will not serve to preserve such excessiveness as an assignment of error on appeal. 3 Am.Jur., Appeal and Error, sec. 401, p. 132; 4 C.J.S., Appeal and Error, § 388, p. 838; Tynes v. Terrill, 19 S.W.2d 505 , supra; Spickard v. Continental Casualty Co., 228 Mo.App., 233 , 64 S.W.2d 734 ; Marsters v. Bray, Mo.Sup., 85 S.W.2d 479 , 481; Bond v. Williams, 279 Mo. 215 , 214 S.W. 202, 206 , 16 A.L.R. 755 ; Sweet v. Maupin, 65 Mo. 65, 68 .

1957A general statement which does not distinctly designate the ex-cessiveness of the award as the error relied upon will not serve to preserve such excessiveness as an assignment of error on appeal. 3 Am.Jur., Appeal and Error, sec. 401, p. 132; 4 C.J.S., Appeal and Error, § 388, p. 838; Tynes v. Terrill, 19 S.W.2d 505 , supra; Spickard v. Continental Casualty Co., 228 Mo.App., 233 , 64 S.W.2d 734 ; Marsters v. Bray, Mo.Sup., 85 S.W.2d 479 , 481; Bond v. Williams, 279 Mo. 215 , 214 S.W. 202, 206 , 16 A.L.R. 755 ; Sweet v. Maupin, 65 Mo. 65, 68 .

11957–1957
State Ex Rel. Wors v. Hostetter green
· 1939
2 sentences

1939Wors v. Hostetter, 343 Mo. 945 , 124 S.W.2d 1072 .

1939Wors v. Hostetter, 343 Mo. 945 , 124 S.W.2d 1072 .

11939–1939

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 287.495 (4)

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.

Where else courts name it

CA 36 (1958–2025) IL 29 (1973–2023) PA 29 (1836–2020) NY 28 (1843–2026) CT 21 (1983–2013) TX 18 (1937–2020) LA 17 (1971–2014) AZ 17 (1945–2025) FL 17 (1959–2026) MI 16 (1935–2024) OH 14 (1959–2025) MO 13 (1939–2020) IN 12 (1943–2015) MA 12 (1977–2026) GA 12 (1938–2006) NC 12 (1874–2025) NM 9 (2002–2023) MD 8 (1974–2023) OR 8 (1979–2016) SC 8 (1940–2014) AK 8 (1974–2023) VA 7 (1933–2014) NJ 7 (1884–2025) WY 6 (1901–2015) VT 6 (1854–2024) AL 5 (1982–2015) MN 5 (1952–2012) WV 5 (1950–1992) WA 5 (1945–2003) CO 5 (1910–2025) MS 4 (1846–2003) UT 4 (1980–2014) DC 3 (1991–2019) KS 3 (1897–2020) OK 2 (1939–1993) TN 2 (2020–2022) HI 2 (1992–2012) RI 2 (2014–2017) ID 2 (1986–2007) NE 2 (2014–2015) WI 2 (1952–1999) KY 2 (1896–1985)

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.

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