Boillot v. Conyer

3 Citing cases

  1. Rodriguez v. Suzuki Motor Corp.

    996 S.W.2d 47 (Mo. 1999)   Cited 126 times
    Holding that a NHTSA report concerning vehicle rollovers was properly admitted pursuant to ยง 490.220

    However, the doctrine is limited to cases in which the issue in controversy has been raised and decided in a prior appeal. Boillot v. Conyer, 861 S.W.2d 152, 154 (Mo. App. 1993); Davis v. J.C. Nichols Co., 761 S.W.2d 735, 741 (Mo. App. 1988). The mere denial of a petition for writ of prohibition where the appellate court issues no opinion is not a conclusive decision on the merits of the issue presented.

  2. McKinney v. State Farm Mutual Ins

    123 S.W.3d 242 (Mo. Ct. App. 2004)   Cited 27 times
    Holding that an uninsured motorist claim is a separate and distinct cause of action from the tort claim asserted against the uninsured motorist

    Dep't of Natural Res.Parks Recreation v. Lossos , 960 S.W.2d 537, 542 (Mo.App.S.D. 1998) (citing Laclede Gas Co. v. Labor Indus. Relations Comm'n , 657 S.W.2d 644, 649 (Mo.App.E.D. 1983)). Appellate review of questions of law is de novo. Baris v. Layton , 43 S.W.3d 390, 397 (Mo.App.E.D. 2001) (citing Boillot v. Conyer , 861 S.W.2d 152, 155 (Mo.App. 1993)). A reviewing court gives no deference to the trial court's judgment "where resolution of the controversy involves a question of law."

  3. Fierstein v. DePaul Health Center

    24 S.W.3d 220 (Mo. Ct. App. 2000)   Cited 19 times
    Affirming award of actual and punitive damages for disclosure of confidential records without authorization

    A decision by this court is the law of the case on all points raised and decided and the decision continues to govern throughout all subsequent proceedings both in the trial and appellate courts. Boillot v. Conyer, 861 S.W.2d 152, 154 (Mo.App.E.D. 1993). No issue decided in the first appeal will be readdressed on the second.