IN THE SUPREME COURT OF MISSOURIAppellant's Brief • July 19th, 2002
The circuit court erred in holding that the judges and receivers had absolute judicial immunity and official immunity from a suit claiming penalties and interest because judicial and official immunity do not apply in that neither the judges nor the receivers were functioning in a judicial capacity when they administered the funds and the receivers’ acts were ministerial in nature.
IN THEAppellant's Brief • May 16th, 2002
The timeliness of a notice for hearing appears, at first blush, to be of minor significance. But here the Treasurer faced a hearing on a dispositive motion asserting the unconstitutionality of one of her statutorily- assigned duties. The matters properly before the trial court, while significant in terms of this matter, were not of such a magnitude. In such circumstances it seems particularly appropriate to enforce the rules concerning the receipt of adequate notice. The failure to impose that requirement on the receiver, in response to a proper objection, L.F. 261, suggests an inexplicable rush to judgment. The failure to sustain the objection prejudiced the Treasurer’s ability to respond to both the late-filed dispositive motion and to prepare for argument on those matters properly noticed for hearing.
