JEFFERSON CITY — The Missouri Court of Appeals for the Western District has reversed a trial court ruling that awarded attorney’s fees to a woman in her legal battle with the State Board of Nursing, concluding that she both waived her right to the fees and failed to submit her application on time.
The dispute stems from disciplinary proceedings initiated by the Board in 2020, when it received information suggesting Dana Casnocha-Jones had diverted opioid medications for personal use while working at a hospital in 2019, according to a decision filed June 3 in Missouri Court of Appeals for the Western District.
Following years of settlement discussions, Casnocha-Jones and the Board entered into a settlement agreement in March 2022, in which Casnocha-Jones stipulated to the factual allegations and acknowledged her license was subject to disciplinary action.
At a May 2022 disciplinary hearing before the Board, Casnocha-Jones presented evidence of her recovery, including testimony from her substance abuse counselor, her work supervisor and a letter from the director of her treatment program.
Despite presenting no new evidence beyond the settlement stipulations, the Board voted to revoke her nursing license in July 2022.
Casnocha-Jones then petitioned for judicial review, and in January 2023, the Cole County Circuit Court reversed the Board’s decision.
The trial court found the revocation “unsupported by competent and substantial evidence” and “an abuse of discretion.”
It ordered the Board to issue Casnocha-Jones a nursing license subject to a three-year probationary term with specific conditions.
The Board appealed, but in March 2024, the Court of Appeals upheld the trial court’s decision and two weeks later, Casnocha-Jones applied to the trial court for attorney’s fees under Missouri law, seeking reimbursement for legal expenses incurred during the administrative, trial and appellate stages.
The trial court granted her request in part, awarding $19,320 in attorney’s fees and $997.97 in expenses related to the Board’s appeal. It denied recovery for fees from the disciplinary hearing and trial court proceedings, citing her failure to file within the statutory 30-day deadline.
The trial court reasoned that the Board took a legal “position” only by appealing the trial court’s ruling, thereby entitling Casnocha-Jones to recover fees related to the appeal.
On appeal, however, the Court of Appeals disagreed with the trial court on all counts, concluding Casnocha-Jones had explicitly waived her right to claim attorney’s fees—including those related to the appeal—in the original settlement agreement.
The agreement included language in which Casnocha-Jones waived “any claims for attorney’s fees and expenses…”
The court found this waiver to be “clear, unambiguous, unmistakable, and conspicuous,” especially given that Casnocha-Jones was represented by counsel during negotiations and raised no objections to the waiver provision.
Further, the appellate court determined that Casnocha-Jones’s fee application was untimely. Under Missouri law, a prevailing party must file a request for attorney’s fees within 30 days of first prevailing.
The court noted that Casnocha-Jones prevailed when the trial court reversed the Board’s revocation order on Jan. 29, 2023, making her March 26, 2024 application more than a year late. The Board’s subsequent appeal did not reset the deadline, the court clarified, because the trial court's ruling constituted a final disposition on the merits.
Casnocha-Jones argued that her waiver was made under duress and was not voluntary. The court rejected that argument, finding no evidence of threats or wrongful conduct by the Board and reiterating that she had legal counsel throughout the settlement process.
As a result, the appellate court reversed the trial court’s award of attorney’s fees and expenses to Casnocha-Jones. All judges concurred in the decision authored by Judge Edward R. Ardini Jr.
The respondent is represente dby David R. Bohm of St. Louis.
The appellant is represented by Kevin R. Hall of Jefferson City.
Missouri Court of Appeals Western District case number: WD87448
