Legal Opinion

Roach Law Firm v. Beilenson

Missouri Court of Appeals

Decided March 6, 2007No. ED 88286PublishedCited by 9 opinions

1Opinion of the Court

NANNETTE A. BAKER, Judge.

Introduction

Norton Beilenson (“Beilenson”) and Edwards, Schramm, Watkins, Spoeneman, Waltrip & Beilenson, L.L.P. (collectively, “the Defendants”) appeal from a judgment of the trial court sustaining the Roach Law Firm’s motion for summary judgment on its petition for a declaratory judgment. We reverse and remand with instructions to dismiss the action because Missouri courts have no jurisdiction to consider a declaratory judgment action without a jus-ticiable controversy. 1

Factual and Procedural Background

On April 26, 2004, Carol and Brian Car-rico engaged Beilenson…

2Cases cited5 opinions

  1. Grewell v. State Farm Mutual Automobile Insurance Co.Supreme Court of Missouri · 2003
  2. Jew v. Home Depot USA, Inc.Missouri Court of Appeals · 2004
  3. Government e-Management Solutions, Inc. v. American Arbitration AssnMissouri Court of Appeals · 2004
  4. Shelton v. SheltonMissouri Court of Appeals · 2006
  5. George v. BrewerMissouri Court of Appeals · 2001

3Cited by9 opinions

  1. Borges v. Missouri Public Entity Risk Management FundMissouri Court of Appeals · 2012
  2. Mid-Century Insurance Co. v. WilburnMissouri Court of Appeals · 2013
  3. Jean-Robert Nast by and through his guardian Jan Freeman, Plaintiff/Respondent v. Gateway Ambulance Service, LLC, Defendants/Respondents. Certain Underwriters at Lloyd's London, Proposed Intervenor/Appellant.Missouri Court of Appeals · 2016
  4. Lyman v. Missouri Employers Mutual Insurance Co.Missouri Court of Appeals · 2013
  5. Trophy Room v. City of St. LouisMissouri Court of Appeals · 2017

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