Rule change automates the preparation of the legal file in appellate cases, potentially yielding a significant reduction in the cost of an appeal. Litigants seeking review of error at the trial court level had been required to pay for the cost of preparation of the legal file, often at a cost of several hundred, even thousands of dollars. For indigent litigants not entitled to appointed counsel or otherwise exempt, this represented an often insurmountable obstacle to appellate review. The new rules go into effect January 1, 2018. A free guide is here.
Missouri mourns today the loss of one of our very best lawyers.
Missouri Supreme Court Judge Richard B. Teitelman passed away today. He served for many years with Legal Services of Eastern Missouri before being appointed by Governor Holden to the Missouri Supreme Court. He was known as a very smart and compassionate lawyer and judge. I personally had the privilege of arguing a case before the Court during his tenure and the questions he asked were indeed insightful and compassionate. I felt very thankful to have him on the bench.
On this date in 1976, the Missouri Supreme Court handed down its decision in Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976). For 40 years, the Missouri appellate courts have used the standard set forth in Murphy v. Carron to decide appeals of civil cases tried to a judge. It is virtually impossible to practice law in Missouri for any length of time without encountering the rule in that case.
“[T]he decree or judgment of the trial court will be sustained by the appellate court unless there is no substantial evidence to support it, unless it is against the weight of the evidence, unless it erroneously declares the law, or unless it erroneously applies the law.”
Find all the latest family law related case law from Missouri appellate courts at jasonumbarger.com/wiki
Successfully defended a 74 year old woman who obtained at trial a judgment for periodic maintenance after her 60 year old husband left her, ending their 30+ year marriage. Husband appealed. Judgment affirmed. She won’t have to live out her golden years penniless.