You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

STATE EX REL. MISSOURI DEPARTMENT OF NATURAL RESOURCES v. Nixon

Citations: 240 S.W.3d 752; 2007 Mo. App. LEXIS 1670Docket: WD 68067

Court: Missouri Court of Appeals; December 11, 2007; Missouri; State Appellate Court

Narrative Opinion Summary

The Missouri Department of Natural Resources appealed a circuit court decision that quashed a writ of prohibition and denied a permanent writ against Attorney General Jeremiah W. Jay Nixon. The Missouri Court of Appeals, Western District, upheld the circuit court's judgment, affirming the decision based on the reasoning included in a memorandum provided to the parties. The ruling was issued per curiam, with the judges involved being Harold L. Lowenstein, Joseph M. Ellis, and Thomas H. Newton. The case citation is 240 S.W.3d 752 (2007), and the decision was finalized on December 11, 2007.

Legal Issues Addressed

Affirmation of Lower Court Decisions

Application: The Missouri Court of Appeals upheld the circuit court's judgment, demonstrating the appellate court's role in reviewing and affirming lower court decisions.

Reasoning: The Missouri Court of Appeals, Western District, upheld the circuit court's judgment, affirming the decision based on the reasoning included in a memorandum provided to the parties.

Appeals Process in Missouri

Application: The Missouri Department of Natural Resources sought to overturn a lower court's decision through the appeals process.

Reasoning: The Missouri Department of Natural Resources appealed a circuit court decision that quashed a writ of prohibition and denied a permanent writ against Attorney General Jeremiah W. Jay Nixon.

Per Curiam Decisions

Application: The ruling was issued per curiam, indicating a decision delivered by the court collectively without individual opinions from the judges.

Reasoning: The ruling was issued per curiam, with the judges involved being Harold L. Lowenstein, Joseph M. Ellis, and Thomas H. Newton.