City of Byrnes Mill v. Limesand

11 Citing cases

  1. Hill-Bey v. Vandergriff

    697 S.W.3d 105 (Mo. Ct. App. 2024)   Cited 1 times

    Appellant’s Sunshine Law claim is a statutory cause of action seeking judicial enforcement of its provisions, and is not an action involving the deprivation of a constitutional right. See § 610.027.1; cf. City of Byrnes Mill v. Limesand, 599 S.W.3d 466, 471 (Mo. App. E.D. 2020) (internal citation omitted).Chapter 217, § 217.010 et seq., concerns DOC’s organization, powers, and responsibilities, and it authorizes DOC to promulgate administrative procedures for resolving offender grievances.

  2. Johnson v. Usera

    695 S.W.3d 272 (Mo. Ct. App. 2024)   Cited 1 times

    [2-5] "[W]e review a trial court’s denial of a motion to compel discovery for an abuse of discretion." Hale v. Burlington N. & Santa Fe Ry. Corp., 638 S.W.3d 49, 63 (Mo. App. S.D. 2021) (quoting City of Byrnes Mill v. Limesand, 599 S.W.3d 466, 475 (Mo. App. E.D. 2020)). We allow the trial court broad discretion in the control and management of discovery, but we will , find it abused its discretion if its ruling was clearly against the logic of the circumstances then before it and so arbitrary and unreasonable as to shock our sense of justice and indicate a lack of careful consideration.

  3. Main v. Main

    685 S.W.3d 620 (Mo. Ct. App. 2024)   Cited 3 times
    In Main, wife and her son moved into her partner's home, both parties had tattoos referencing their relationship, each paid a share of the household expenses, they held a joint credit card, jointly owned an LLC which held the mortgage on two condominiums, and jointly held a bank account for the LLC. Id. at 624.

    This Court reviews the circuit court’s ruling on a motion to compel discovery for an abuse of discretion. City of Byrnes Mill v. Limesand, 599 S.W.3d 466, 475 (Mo. App. E.D. 2020). The circuit court abuses its discretion in administering the discovery rules when its ruling "is clearly against the logic of the circumstances, is arbitrary and unreasonable, and indicates a lack of careful consideration."

  4. Riead v. Riead

    685 S.W.3d 532 (Mo. Ct. App. 2023)   Cited 1 times

    Berry v. Volkswagen Grp. of Am., Inc., 397 S.W.3d 425, 430 (Mo. banc 2013). An award of attorney’s fees is an abuse of discretion and requires reversal only if it is "clearly against the logic of the circumstances then before the court and is so arbitrary and unreasonable as to shock the sense of justice and indicate a lack of careful consideration["] City of Byrnes Mill v. Limesand, 599 S.W.3d 466, 477 (Mo. App. E.D. 2020). Berezo v. Berezo, 628 SW.3d 737, 748 (Mo. App. E.D. 2021).

  5. City of Harrisonville v. Mo. Dep't of Nat. Res.

    No. WD85091 (Mo. Ct. App. Feb. 21, 2023)

    In camera review has long been deemed a proper means for the trial court to determine how Sunshine Law exemptions and disclosure requirements apply to the records at the heart of the dispute. See City of Byrnes Mill v. Limesand, 599 S.W.3d 466, 475 (Mo. App. 2020); see also Laut v. City of Arnold, 417 S.W.3d 315, 326 (Mo. App. 2013) ("[I]n camera review is a practical remedy that would resolve any factual dispute, while at the same time maintaining confidentiality of documents that may be exempt from disclosure under the Sunshine Law.") Although affidavits that are part of a summary judgment record may provide context, and might even harm a party in a knowing/purposeful violation accusation if an affidavit were to characterize a record in a manner wholly inconsistent with the contents, where the disputed records are before the court, a determination as to the character of the records in relation to the Sunshine Law is ultimately governed by the records themselves, and not affidavits by the parties which purport to describe the contents.

  6. Integra Healthcare, Inc. v. Mo. State Bd. of Mediation

    655 S.W.3d 604 (Mo. Ct. App. 2022)   Cited 1 times

    Analogous to the purpose of the EAJA to increase government accountability and permit private parties to challenge unreasonable government actions, "Missouri's Sunshine Law is meant to foster openness and transparency in government." City of Byrnes Mill v. Limesand , 599 S.W.3d 466, 471 (Mo. App. E.D. 2020) (citing Chasnoff , 466 S.W.3d at 577 ). Per section 610.011.1: "It is the public policy of this state that meetings, records, votes, actions, and deliberations of public governmental bodies be open to the public unless otherwise provided by law.

  7. Show-Me Inst. v. Office of Admin.

    645 S.W.3d 602 (Mo. Ct. App. 2022)   Cited 16 times

    "Missouri's Sunshine Law is meant to foster openness and transparency in government." City of Byrnes Mill v. Limesand , 599 S.W.3d 466, 471 (Mo. App. E.D. 2020). "It is the public policy of this state that ... records ... of public governmental bodies be open to the public unless otherwise provided by law," so that "all public records of public governmental bodies shall be open to the public for inspection and copying" unless otherwise provided by law.

  8. Le v. Le

    638 S.W.3d 583 (Mo. Ct. App. 2021)   Cited 2 times

    An award of attorney's fees is an abuse of discretion and requires reversal only if it is "clearly against the logic of the circumstances then before the court and is so arbitrary and unreasonable as to shock the sense of justice and indicate a lack of careful consideration." City of Byrnes Mill v. Limesand , 599 S.W.3d 466, 477 (Mo. App. E.D. 2020). Discussion

  9. Hale v. Burlington N. & Santa Fe Ry. Co.

    638 S.W.3d 49 (Mo. Ct. App. 2021)   Cited 25 times
    Stating that, under Rule 55.28, "where a party does not verify its motion or support it with affidavits or testimony," the court does not err in denying a motion for sanctions

    Finally, "[w]e review a trial court's denial of a motion to compel discovery for an abuse of discretion." City of Byrnes Mill v. Limesand , 599 S.W.3d 466, 475 (Mo. App. 2020). "We allow the trial court broad discretion in the control and management of discovery, but we will find it abused its discretion if its ruling was clearly against the logic of the circumstances then before it and so arbitrary and unreasonable as to shock our sense of justice and indicate a lack of careful consideration."

  10. Berezo v. Berezo

    628 S.W.3d 737 (Mo. Ct. App. 2021)   Cited 2 times

    Berry v. Volkswagen Grp. of Am., Inc. , 397 S.W.3d 425, 430 (Mo. banc 2013). An award of attorney's fees is an abuse of discretion and requires reversal only if it is "clearly against the logic of the circumstances then before the court and is so arbitrary and unreasonable as to shock the sense of justice and indicate a lack of careful consideration. City of Byrnes Mill v. Limesand , 599 S.W.3d 466, 477 (Mo. App. E.D. 2020). B. Analysis