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60 Missouri opinions name it 2 courts 1878–2025 10 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 |
|---|---|---|
Douglass v. Safiregreen2 sentences2024This requirement "is in accord with the usual rule that the trial court must be given the opportunity to correct error while correction is still possible." Id. at 121-22 (quoting Douglass, 712 S.W.2d at 374 ). 2024This requirement "is in accord with the usual rule that the trial court must be given the opportunity to correct error while correction is still possible." Id. at 121-22 (quoting Douglass, 712 S.W.2d at 374 ). | 7 | 14 |
Reed v. Director of Revenue, Stategreen2 sentences2009Reed v. Director of Revenue, 834 S.W.2d 834, 836-37 (Mo.App. 2005“It is incumbent upon the objecting party to make the basis of his or her objection reasonably apparent in order to provide the opponent an opportunity to correct the error and the court an opportunity to correctly rule on the objection.” Reed v. Director of Revenue, 834 S.W.2d 834, 836-37 (Mo.App.1992). | 4 | 4 |
State of Missouri v. Denford Jacksongreen2 sentences2023Gaertner, Jr., P.J., concurs in the result only. opportunity “is in accord with the usual rule that the trial court must be given the opportunity to correct error while correction is still possible.” State v. Pierce, 433 S.W.3d 424, 429 (Mo. banc 2014) (emphasis in original). 9 2023Rule 30.20 provides an exception allowing that “plain 4 The principle that a constitutional claim is waived if not raised at the first opportunity “is in accord with the usual rule that the trial court must be given the opportunity to correct error while correction is still possible.” State v. Pierce, 433 S.W.3d 424, 429 (Mo. banc 2014) (emphasis in original). 5 Even had this Court reached the merits of the claim, a CAC forensic interviewer is not considered a witness within the meaning of the Confrontation Clause, which is a “witness against” a defendant, because an interviewer's questions an | 3 | 4 |
State v. Boydstongreen2 sentences2022“It is incumbent on the objecting party to make the basis of his objection reasonably apparent to the court in order to provide the opponent an opportunity to correct the error and the court to correctly rule on it.” Boydston, 198 S.W.3d at 674 (quoting State v. Schuster, 92 S.W.3d 816, 823 (Mo.App. 2013“It is incumbent on the objecting party to make the basis of his objection reasonably apparent to the court in order to provide the opponent an opportunity to correct the error and the court to correctly rule on it.” Id. at 646 (quoting State v. Boydston, 198 S.W.3d 671, 674 (Mo.App. | 2 | 4 |
State v. Schustergreen2 sentences2022“It is incumbent on the objecting party to make the basis of his objection reasonably apparent to the court in order to provide the opponent an opportunity to correct the error and the court to correctly rule on it.” Boydston, 198 S.W.3d at 674 (quoting State v. Schuster, 92 S.W.3d 816, 823 (Mo.App. 2010“It is incumbent on the objecting party to make the basis of his objection reasonably apparent to the court in order to provide the opponent an opportunity to correct the error and the court to correctly rule on it.” Boydston, 198 S.W.3d at 674 (quoting State v. Schuster, 92 S.W.3d 816, 823 (Mo.App. | 2 | 3 |
Soutee v. Director of Revenuegreen2 sentences2012"It is incumbent on an objecting party to make the basis of his or her objection reasonably apparent in order to provide the opponent an opportunity to correct the error and the court an opportunity to correctly rule the objection.” Soutee v. Director of Rev., 977 S.W.2d 313, 315 (Mo.App. 2003Soutee v. Director of Revenue, 977 S.W.2d 313, 315 (Mo.App.1998). | 2 | 2 |
State v. Bartholomewgreen2 sentences2000It is incumbent upon the objecting party to make the basis of his objection reasonably apparent to the court in order to provide the opponent an opportunity to correct the error and the court to correctly rule it.” Id. at [5]. 1994See n. 2, supra. The Eastern District of this court reversed the trial court’s judgment saying, “It is incumbent upon the objecting party to make the basis of his or her objection reasonably apparent in order to provide the opponent an opportunity to correct the error and the [trial] court an opportunity to correctly rule on the objection.” Id. at 836-37, The court held that Ms. Reed’s attorney’s statement that he had no objection for the purpose the testing officer’s checklist was admitted did not satisfy that requirement. | 1 | 3 |
State v. Goinsgreen1 sentence2024No specifics were given about which element(s) of the three claims failed or why. 7 Objections at trial must be specific enough to allow “the opponent an opportunity to correct the error and the court to correctly rule on it.” Morphis v. Tracker Marine, LLC, 640 S.W.3d 481 , 483 (Mo. App. S.D. 2022) (emphasis added) (quoting State v. Goins, 306 S.W.3d 639, 646 (Mo. 7 At least ten potential elements (not counting damages) might have supported DOC’s motion. | 1 | 1 |
State v. Knippgreen1 sentence2022In re W.J.S.M., 231 S.W.3d 278, 282 (Mo. App. E.D. 2007). | 1 | 1 |
Rebecca Courtright v. O'Reilly Automotivegreen1 sentence2022See Courtright v. O'Reilly Auto., 604 S.W.3d 694 , 706 (Mo. App. W.D. 2020) ("Missouri law requires parties to give the trial court an opportunity to correct the error alleged.") 8 Termination of parental rights cases are civil proceedings. | 1 | 1 |
State of Missouri v. Russell Allen Renfrow, Jr.green1 sentence2020“We do not convict the trial court of error when it was never given an opportunity to correct such error.” State v. Renfrow, 495 S.W.3d 840, 843 (Mo. App. 2016). | 1 | 1 |
State v. Lewisgreen2 sentences2016State v. Lewis, 243 S.W.3d 523, 525 (Mo. App. W.D. 2008). 2016State v. Lewis, 243 S.W.3d 523, 525 (Mo.App.W.D. 2008). | 1 | 1 |
State Ex Rel. York v. Daughertygreen1 sentence2016York v. Daugherty, 969 S.W.2d 223, 224 (Mo.banc 1998)); because “the trial court must be given the opportunity to correct error while correction is still possible.” Pierce, 433 S.W.3d at 429 (quoting Douglass v. Safire, 712 S.W.2d 373, 374 (Mo. banc 1986)). | 1 | 1 |
Tune v. Synergy Gas Corp.green1 sentence2008Tune v. Synergy Gas Corp., 883 S.W.2d 10, 15 (Mo.1994). | 1 | 1 |
| Ivy v. Wal-Mart Stores, Inc.green | 1 | 1 |
| State v. McCullumgreen | 1 | 1 |
| State v. Jordangreen | 1 | 1 |
| Krieger v. Director of Revenuegreen | 1 | 1 |
| State v. Bizzlegreen | 1 | 1 |
| State v. Dixongreen | 1 | 1 |
| Pruitt v. Community Tire Co.green | 1 | 1 |
| Meyer v. Clark Oil 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 |
|---|---|---|
Francis v. State
green
2 sentences2013“It is incumbent on the objecting party to make the basis of his objection reasonably apparent to the court in order to provide the opponent an opportunity to correct the error and the court to correctly rule on it.” Id. at 646 (quoting State v. Boydston, 198 S.W.3d 671, 674 (Mo.App. 2011“It is incumbent on the objecting party to make the basis of his objection reasonably apparent to the court in order to provide the opponent an opportunity to correct the error and the court to correctly rule on it.” Id. (quoting State v. Boydston, 198 S.W.3d 671, 674 (Mo.App. | 2 | 2011–2013 |
State ex rel. Howard County v. Burckhartt
neutral
2 sentences1902Louis v. Brooks, 107 Mo. 380 ; Bevin v. Powell, 83 Mo. 365 ; State ex rel. v. Hitchcock, 86 Mo. 231 ; Baker v. Railroad, 107 Mo. 230 ; State ex rel. v. Burckhartt, 83 Mo. 430 ; Donaldson v. Thompson, 120 Mo. 152 .] This being true, if the appeal must be taken before the motion for new trial is overruled, the appeal would be unavailing, for this court would not review the action of the trial court, that court not having had a chance to correct its own errors. 1892Acock v. Acock, 57 Mo. 154 ; Curtis v. Curtis, 54 Mo. 351 ; Lyon v. LaMaster, 103 Mo. 612 ; State ex rel. v. Burckhardt, 83 Mo. 430 ; Bollinger v. Carrier, 79 Mo. 318 ; Exchange Bank v. Allen, 68 Mo. 474 ; State v. Gilmore, 110 Mo. 1 ; Railroad v. Carlisle, 94 Mo. 166 . | 2 | 1892–1902 |
Baker v. Kansas City, St. Joseph & Council Bluffs Railroad
neutral
2 sentences1902Louis v. Brooks, 107 Mo. 380 ; Bevin v. Powell, 83 Mo. 365 ; State ex rel. v. Hitchcock, 86 Mo. 231 ; Baker v. Railroad, 107 Mo. 230 ; State ex rel. v. Burckhartt, 83 Mo. 430 ; Donaldson v. Thompson, 120 Mo. 152 .] This being true, if the appeal must be taken before the motion for new trial is overruled, the appeal would be unavailing, for this court would not review the action of the trial court, that court not having had a chance to correct its own errors. 1900Louis v. Brooks, 107 Mo. 380 .] This has always been the rule in Missouri. [Johnson v. Strader, 3 Mo. 355 ; State v. Marshall, 36 Mo. 400 ; Brady v. Connelly, 52 Mo. 19 ; McCoy v. Farmer, 65 Mo. 244 ; Green v. Walker, 99 Mo. 68 ; Baker v. Railroad, 107 Mo. 230 ; St. | 2 | 1900–1902 |
City of St. Louis v. Brooks
neutral
2 sentences1902Louis v. Brooks, 107 Mo. 380 ; Bevin v. Powell, 83 Mo. 365 ; State ex rel. v. Hitchcock, 86 Mo. 231 ; Baker v. Railroad, 107 Mo. 230 ; State ex rel. v. Burckhartt, 83 Mo. 430 ; Donaldson v. Thompson, 120 Mo. 152 .] This being true, if the appeal must be taken before the motion for new trial is overruled, the appeal would be unavailing, for this court would not review the action of the trial court, that court not having had a chance to correct its own errors. 1900Louis v. Brooks, 107 Mo. 380 .] This has always been the rule in Missouri. [Johnson v. Strader, 3 Mo. 355 ; State v. Marshall, 36 Mo. 400 ; Brady v. Connelly, 52 Mo. 19 ; McCoy v. Farmer, 65 Mo. 244 ; Green v. Walker, 99 Mo. 68 ; Baker v. Railroad, 107 Mo. 230 ; St. | 2 | 1900–1902 |
State v. Marshall
neutral
2 sentences1900Louis v. Brooks, 107 Mo. 380 .] This has always been the rule in Missouri. [Johnson v. Strader, 3 Mo. 355 ; State v. Marshall, 36 Mo. 400 ; Brady v. Connelly, 52 Mo. 19 ; McCoy v. Farmer, 65 Mo. 244 ; Green v. Walker, 99 Mo. 68 ; Baker v. Railroad, 107 Mo. 230 ; St. 1878Morgner v. Kister, 42 Mo. 466 ; State v. Marshall, 36 Mo. 400 ; Morgan v. January, 52 Mo. 523 ; Banks v. Lades, 39 Mo. 406 . 2. appeal: entries nune pro tunc. | 2 | 1878–1900 |
Exchange National Bank v. Allen
neutral
2 sentences1892Acock v. Acock, 57 Mo. 154 ; Curtis v. Curtis, 54 Mo. 351 ; Lyon v. LaMaster, 103 Mo. 612 ; State ex rel. v. Burckhardt, 83 Mo. 430 ; Bollinger v. Carrier, 79 Mo. 318 ; Exchange Bank v. Allen, 68 Mo. 474 ; State v. Gilmore, 110 Mo. 1 ; Railroad v. Carlisle, 94 Mo. 166 . 1883Exchange National Bank v. Allen, 68 Mo. 474 , and authorities cited. | 2 | 1883–1892 |
Banks v. Lades
neutral
2 sentences1883Railroad Co. v. Mahoney, 42 Mo. 466 ; Banks v. Lades, 39 Mo. 406 ; Haskell v. Sullivan, 31 Mo. 435 . 1878Morgner v. Kister, 42 Mo. 466 ; State v. Marshall, 36 Mo. 400 ; Morgan v. January, 52 Mo. 523 ; Banks v. Lades, 39 Mo. 406 . 2. appeal: entries nune pro tunc. | 2 | 1878–1883 |
Morgner v. Kister
neutral
2 sentences1883Railroad Co. v. Mahoney, 42 Mo. 466 ; Banks v. Lades, 39 Mo. 406 ; Haskell v. Sullivan, 31 Mo. 435 . 1878Morgner v. Kister, 42 Mo. 466 ; State v. Marshall, 36 Mo. 400 ; Morgan v. January, 52 Mo. 523 ; Banks v. Lades, 39 Mo. 406 . 2. appeal: entries nune pro tunc. | 2 | 1878–1883 |
Prosecuting Attorney, 21st Judicial Circuit, ex rel. Marcellus Williams, Movant/Petitioner v. State of Missouri, and State of Missouri v. Marcellus Williams
green
1 sentence2025Williams v. State, 696 S.W.3d 853 , 863-64 (Mo. banc 2024) (internal quotation omitted). | 1 | 2025–2025 |
TOMMY MORPHIS v. TRACKER MARINE, LLC, Defendant-Respondent
neutral
1 sentence2024No specifics were given about which element(s) of the three claims failed or why. 7 Objections at trial must be specific enough to allow “the opponent an opportunity to correct the error and the court to correctly rule on it.” Morphis v. Tracker Marine, LLC, 640 S.W.3d 481 , 483 (Mo. App. S.D. 2022) (emphasis added) (quoting State v. Goins, 306 S.W.3d 639, 646 (Mo. 7 At least ten potential elements (not counting damages) might have supported DOC’s motion. | 1 | 2024–2024 |
Interest of T.T.G. v. K.S.G.
green
2 sentences2024In the absence of a Rule 78.07(c) motion, "the failure to make such required findings is waived." Id. "[I]t would not be appropriate to criticize the circuit court for failing to make any required finding." J.A.R., 426 S.W.3d at 626 n.5. 2024Rule 78.07(c) provides, "In all cases, allegations of error relating to the form or language of the judgment, including the failure to make statutorily required findings, must be raised in a motion to amend the judgment in order to be preserved for appellate review." "The party appealing must object at the trial level to the failure to make a finding so the circuit court has an opportunity to correct the error." T.T.G. v. K.S.G., 530 S.W.3d 489 , 495 n.4 (Mo. banc 2017). | 1 | 2024–2024 |
Michael Eivins v. Missouri Department of Corrections
green
1 sentence2024A prima facie retaliation claim under § 213.070.1(2) requires proof of three elements: “(1) [plaintiff] complained of discrimination; (2) the [employer] took adverse action against [her]; and (3) a causal relationship existed between the complaint and the adverse action.” Eivins v. Mo. Dep’t of Corr., 636 S.W.3d 155 , 180 (Mo. App. W.D. 2021). | 1 | 2024–2024 |
In the Interest of: J.A.R., D.K.R., and A.E.R., Children Under Seventeen Years of Age, Greene County Juvenile Office v. D.G.R.
green
1 sentence2024In the absence of a Rule 78.07(c) motion, "the failure to make such required findings is waived." Id. "[I]t would not be appropriate to criticize the circuit court for failing to make any required finding." J.A.R., 426 S.W.3d at 626 n.5. | 1 | 2024–2024 |
STATE OF MISSOURI, Plaintiff-Respondent v. BRETT SANDERS
green
1 sentence2023Sanders, 473 S.W.3d at 679 . | 1 | 2023–2023 |
STATE OF MISSOURI, Plaintiff-Respondent v. MARTIN J. SYKES
green
1 sentence2018Indeed, "[i]t is incumbent on the objecting party to make the basis of his [or her] objection reasonably apparent to the trial court in order to provide the opponent an opportunity to correct the error and for the court to correctly rule on it." State v. Sykes , 480 S.W.3d 461 , 465 (Mo. App. S.D. 2016). | 1 | 2018–2018 |
State v. Ross
green
1 sentence2013However, the procedures adopted are designed to give the trial lawyer the opportunity and the obligation to bring any perceived error to the attention of the circuit court so that that court is afforded the opportunity to correct the error during the course of the proceedings. 292 S.W.3d 521 , 526 n. 3 (Mo.App.W.D.2009). | 1 | 2013–2013 |
| State v. Ballew green | 1 | 1997–1997 |
| Hulshof v. Noranda Aluminum, Inc. green | 1 | 1993–1993 |
| Stroud v. Govreau green | 1 | 1987–1987 |
| Romines v. Donald Maggi, Inc. green | 1 | 1986–1986 |
| Ideker, Inc. v. Missouri State Highway Commission green | 1 | 1986–1986 |
| Schneider v. Southwestern Bell Telephone Co. green | 1 | 1977–1977 |
| Davis v. City of Independence green | 1 | 1968–1968 |
| Bender v. Zimmerman neutral | 1 | 1928–1928 |
| Burton v. Chicago & Alton Railroad neutral | 1 | 1928–1928 |
| Wampler v. Atchison, Topeka & Santa Fe Railway Co. green | 1 | 1928–1928 |
| Robinson v. C., R.I. P.R.R. Co. green | 1 | 1928–1928 |
| State v. Burrell green | 1 | 1926–1926 |
| State v. Harris neutral | 1 | 1915–1915 |
| State v. McCarver green | 1 | 1914–1914 |
| State v. Espenschied green | 1 | 1914–1914 |
| State v. Goldsby neutral | 1 | 1914–1914 |
| State v. Wilson green | 1 | 1914–1914 |
| State v. Tucker green | 1 | 1914–1914 |
| Pogue v. State ex rel. Harbin neutral | 1 | 1902–1902 |
| Warner v. Morin neutral | 1 | 1902–1902 |
| Bevin v. Powell neutral | 1 | 1902–1902 |
| State ex rel. Dopkins v. Hitchcock neutral | 1 | 1902–1902 |
| Donaldson v. Thompson neutral | 1 | 1902–1902 |
| Howell v. Pitman neutral | 1 | 1902–1902 |
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.