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11 Missouri opinions name it 2 courts 1966–2015 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 |
|---|---|---|
Caldwell v. Lester E. Cox Medical Centers-South, Inc.green2 sentences2015Cox Medical Centers-South, Inc., 943 S.W.2d 5, 8 (Mo.App.S.D.1997)). 2014Cox Medical Centers-South, Inc., 943 S.W.2d 5, 8 (Mo.App. | 3 | 3 |
Miller v. Wernergreen2 sentences1987Relying on the plain language of the rule, the Hawkins court stated, “We believe that Rule 55.33(c) was specifically *910 designed to change the law as set forth in Miller v. Werner, supra, [ 431 S.W.2d 116, 118 (Mo.1968) ] and McDaniel v. Lovelace, supra [ 439 S.W.2d 906, 909 (Mo.1969)].” According to Link , the Hawkins rule allows a much broader group of amendments to relate back than does a rule which requires the amendment to be based on the same cause of action. 1987Relying on the plain language of the rule, the Hawkins court stated, “We believe that Rule 55.33(c) was specifically *910 designed to change the law as set forth in Miller v. Werner, supra, [ 431 S.W.2d 116, 118 (Mo.1968) ] and McDaniel v. Lovelace, supra [ 439 S.W.2d 906, 909 (Mo.1969)].” According to Link , the Hawkins rule allows a much broader group of amendments to relate back than does a rule which requires the amendment to be based on the same cause of action. | 1 | 3 |
Hawkins v. Hawkinsgreen2 sentences1987The Eastern District determined in Hawkins v. Hawkins, 533 S.W.2d 634, 638 (Mo.App.1976), and its progeny that, whereas an amendment that states an entirely new claim for relief based on different facts will not relate back, an amended pleading that arose out of the “conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading” will relate back to the original petition. 1987Instead the amendment arose out of the “conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading.” Therefore, the amended pleading meets the test for relation back set forth by the Eastern District in Hawkins, supra, 533 S.W.2d at 638 . | 1 | 2 |
McDaniel v. Lovelacegreen2 sentences1987Relying on the plain language of the rule, the Hawkins court stated, “We believe that Rule 55.33(c) was specifically *910 designed to change the law as set forth in Miller v. Werner, supra, [ 431 S.W.2d 116, 118 (Mo.1968) ] and McDaniel v. Lovelace, supra [ 439 S.W.2d 906, 909 (Mo.1969)].” According to Link , the Hawkins rule allows a much broader group of amendments to relate back than does a rule which requires the amendment to be based on the same cause of action. 1987Relying on the plain language of the rule, the Hawkins court stated, “We believe that Rule 55.33(c) was specifically *910 designed to change the law as set forth in Miller v. Werner, supra, [ 431 S.W.2d 116, 118 (Mo.1968) ] and McDaniel v. Lovelace, supra [ 439 S.W.2d 906, 909 (Mo.1969)].” According to Link , the Hawkins rule allows a much broader group of amendments to relate back than does a rule which requires the amendment to be based on the same cause of action. | 1 | 2 |
Poplar Bluff Internet, Inc. v. City of Poplar Bluffgreen1 sentence2015However, “Rule 55.33(c) ‘does not authorize an amendment which states an entirely new claim.’ ” Poplar Bluff Internet, Inc. v. City of Poplar Bluff, 427 S.W.3d 343, 355 (Mo.App.S.D.2014) (quoting Caldwell v. Lester E. | 1 | 1 |
Smith v. Overhead Door Corp.green1 sentence1997See Overhead Door, 859 S.W.2d at 152 . | 1 | 1 |
Vest v. Kansas Citygreen2 sentences1995Contra Vest v. Kansas City, 355 Mo. 1 , 194 S.W.2d 38, 39 (1946). 1995Contra Vest v. Kansas City, 355 Mo. 1 , 194 S.W.2d 38, 39 (1946). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Graham v. Florida
green
2 sentences2015At oral argument in this Court, counsel for McCoy raised an entirely new claim: that automatically imposing lifetime supervision *897 and monitoring requirements on a defendant who was less than eighteen years old at the time of the offense, and at the time of sentencing, constitutes cruel and unusual punishment under Graham v. Florida, 560 U.S. 48 , 130 S.Ct. 2011 , 176 L.Ed.2d 825 (2010). 2015At oral argument in this Court, counsel for McCoy raised an entirely new claim: that automatically imposing lifetime supervision *897 and monitoring requirements on a defendant who was less than eighteen years old at the time of the offense, and at the time of sentencing, constitutes cruel and unusual punishment under Graham v. Florida, 560 U.S. 48 , 130 S.Ct. 2011 , 176 L.Ed.2d 825 (2010). | 1 | 2015–2015 |
Weinbaum v. Chick
green
1 sentence2011Further, 8 CSR 10-5.015(10)(B)(4) provides that “[e]videnee is admissible if it is not irrelevant, immaterial, privileged or unduly repetitious.” See also Weinbaum, 223 S.W.3d at 914 . | 1 | 2011–2011 |
Cummins v. Kansas City Public Service Co.
green
2 sentences1966Cummins v. Kansas City Public Service Co., 334 Mo. 672 , 66 S.W.2d 920 ; Glasgow v. City of St. 1966Cummins v. Kansas City Public Service Co., 334 Mo. 672 , 66 S.W.2d 920 ; Glasgow v. City of St. | 1 | 1966–1966 |
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.