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.”
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.