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E.M.B. v. A.L.

Court of Appeals of Missouri, Eastern District, Third Division

May 19, 2015

E.M.B., Respondent,
v.
A.L., Appellant

Appeal from the Circuit Court of St. Louis County. Hon. Nancy M. Watkins.

FOR APPELLANT: Kristoffer M. Boevingloh, Clayton, MO.

FOR RESPONDENT: E.M.B., Pro se, St. Louis, MO.

ROBERT G. DOWD, JR., Judge. Kurt S. Odenwald, P.J. and Gary M. Gaertner, Jr., J., concur.

OPINION

ROBERT G. DOWD, JR.

Page 451

A.L. appeals from the judgment of the trial court granting a full order of protection in favor of E.M.B. A.L. argues the trial court erred in granting a full order of protection under Section 455.040 because E.M.B. failed to prove by a preponderance of evidence that A.L.'s actions constituted " stalking" under Section 455.010(13). We reverse.[1]

In the light most favorable to the judgment, the following evidence was adduced at trial: A.L. and E.M.B. were co-workers at a Domino's Pizza in Kirkwood (" Domino's" ). The two were never in a relationship together and never resided together. While they worked together, E.M.B. filed a complaint against A.L. with the management. E.M.B. accused A.L. of sexually harassing her. This complaint resulted in A.L. being terminated from his employment at Domino's.

After he was terminated, A.L. began sending E.M.B. a series of text messages, which E.M.B. introduced in an exhibit at trial. A.L. admitted at trial that he sent the messages. The text messages, which were all sent on January 14 and 15, 2014, stated as follows:

Thanks for getting me fired!!! They are going to do a drug test on you hope you pass.
Pot stays in your system for 60 days. Hope you pass.
Told them you also deal pot.
Pee test here you come.
Guess I might call UPS & tell them to drug test mike since he is a pot ...

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