• Jurisdiction

    Jurisdiction

    By , Oct 27 in Law with 0 comments

    Circuit Court Had Jurisdiction Over Child Born in Kansas Child was born in Kansas, but Uniform Child Custody Jurisdiction and Enforcement Act  (UCCJA) provides that child’s address is the address of her parents.   The Act further accords authority over child to child’s home state, which is where a child less than six months old lives. In more »

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  • In the Missouri Court of Appeals Western District DANIEL BARKHO, Respondent, BETH READY, Respondent, DOUGLAS READY,   WD79827 OPINION FILED: March 28, 2017 Appeal from the Circuit Court of Callaway County, Missouri The Honorable Gary M. Oxenhandler, Judge Before Division One: James Edward Welsh, P.J., Anthony Rex Gabbert, and Edard R. Ardini, Jr., JJ. Douglas more »

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  • HB 1550

    HB 1550

    By , Oct 04 in Law with 0 comments

    PARENTING PLAN GUIDELINES (Section 452.310, RSMo) The Supreme Court must have parenting plan guidelines for parties in a proceeding involving the custody and visitation of a child. The parenting plan guidelines must be available on the Office of State Courts Administrator’s website. CHILD SUPPORT (Section 452.340) There is a rebuttable presumption that the award of more »

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  • Jillian Johnson vs. Nationstar Mortgage, LLC, et al Missouri Court of Appeals, Western District – WD78179 The Note and Deed of Trust provided the original lender by using lender’s trade name, and slight variations did not create an ambiguity.  There needs to be evidence of a chain of transfer

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  • Rules provide that an authorized after-trial motion extends circuit court’s authority for 90 days but no more. Court entered a ruling on the 91st day.  At the end of the ninetieth day, the circuit court’s authority expires. The Circuit Court was in error by denying the request for Wife’s maiden name to be restored. Court more »

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  • In Irina Boone vs. Dennis Boone, Western District Court of Appeals, August 12, 2014, the Circuit Court did not dispose of all claims of the parties by Judgment.  The Judgment failed to address the pension.  Dismissal of Appeal

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  • Order of Protection denied because the statutes provide that elements of stalking include repeated and purposeful conduct that alarms Petitioner for order. The record showed two incidents, a random meeting and a teacher-parent conference, neither of these incidents  created alarm in Petitioner. Therefore, no issuance of a full order of protection. SEE  BETSY DEANN WASHBURN, Petitioner-Respondent, more »

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  • Addition of new collateral to Note did not release guaranty  “To recover on a contract of guaranty, a creditor must show “’(1) that the defendant executed the guaranty, (2) that the defendant unconditionally delivered the guaranty to the creditor, (3) that the creditor, in reliance on the guaranty, thereafter extended credit to the debtor, and more »

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  • Grandparent’s right to intervene in action, restrictions, termination. 211.177. 1. A grandparent shall have a right to intervene in any proceeding initiated pursuant to the provisions of this chapter, in which the custody of a grandchild is in issue, unless the juvenile judge decides after considering a motion to intervene by the grandparent that such more »

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  • Adoption

    Adoption

    By , Jun 25 in Law with 0 comments

    Guardian’s Consent  In action for adoption of mentally incapacitated person, statutes do not require consent of the adoptee or guardian.  Guardian’s opinion on ward’s best interest is relevant, but not determinative. Matter was reversed and remanded.  Case was in Jefferson City, Missouri. In the matter of Carl Lee Debrodie, an incapacitated and disabled adult; Karen more »

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  •   In an appeal from Judge Oxenhandler’s ruling, the City of Columbia in the Court of Appeals, Western District, appealed a decision regarding two alligators allowed to be kept in Columbia.  The trial court granted against the City a Motion to Dismiss reviewing Section 5-29 of the Columbia Code of Ordinances.  The Court of Appeals more »

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  • Nonpaternity

    Nonpaternity

    By , Jan 02 in Law with 0 comments

    “Statute provides that, if genetic testing proves that person named as father on birth certificate is not father, circuit court shall order name removed, set aside judgment of paternity, and extinguish child support arrearage, unless circuit court makes findings of fact that such relief is contrary to child’s best interest.”   See R.B., Appellant, vs. S.W. more »

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  • FDCPA

    FDCPA

    By , Jul 24 in Law with 0 comments

    Violation of Fair Debt Collection Practices Act (FDCPA):   § 813. Civil liability (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of— (1) any actual more »

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  • Standard of Review for Termination of Parental Rights The termination of parental rights requires a two-step analysis. First, the trial court must find that clear, cogent, and convincing evidence exists of one or more statutory grounds for termination of parental rights under Section 211.447 RSMo. Once the trial court has determined one of the statutory more »

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  • Relocations

    Relocations

    By , Jul 14 in Law with 0 comments

    There is specific language in the Missouri Revised Statutes for Relocations: Section 452.377, RSMo: Relocation of child by parent for more than ninety days, required procedure–violation, effect–notice of relocation of parent, required procedure. 452.377. 1. For purposes of this section and section 452.375, “relocate” or “relocation” means a change in the principal residence of a more »

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  • Uniform Child Custody Jurisdiction Act provides comity among states and determines which state is the most appropriate forum for seeking remedy. Circuit court lacked personal jurisdiction to render appellant liable for child support and marital debts. See: Michael Ketteman vs. Rachel Ketteman Missouri Court of Appeals, Western District –

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  • Marital Property Discussed Record showed that husband acquired real estate, increased retirement account, and opened savings account after marriage, making them marital property. Postnuptial agreement to waive interests in property must be made “freely, fairly, knowingly, understandingly and in good faith with full disclosure[,]” conscionably, and with consideration. In calculating child support, circuit court did more »

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  • In William Allen Young vs. Chasity L. Pitts Circuit court may limit time for presentation of evidence with certain safeguards. Statute closes investigation records to most persons but allows release of redacted version, so circuit erred in denying Mother access. But Mother showed no prejudice in denial of records, because circuit court did not use more »

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  • § 813. Civil liability [15 USC 1692k] (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of — (1) any actual damage sustained by such person more »

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  • FDCPA

    FDCPA

    By , Jul 14 in Law with 0 comments

    Fair Debt Collection Practices Act (FDCPA) Violations: Civil liability [15 USC 1692k] (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of — (1) any actual more »

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  • Annulment

    Annulment

    By , Jul 13 in Law with 0 comments

    Rights Are Different in Annulment Appellant shows no violation of constitutional right of access to courts, and waives cross-examination, unless he shows that only personal appearance is adequate for his case. Statute governing property division in actions of dissolution of marriage or legal separation does not apply in annulment. Circuit court need not make findings more »

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  • Unjust Enrichment

    Unjust Enrichment

    By , Jul 13 in Law with 0 comments

    No Palimony by Unjust Enrichment Plaintiff, decedent’s cohabitant, sued decedent’s estate for unjust enrichment. Circuit court found that plaintiff did not significantly contribute to construction of residence or purchase of rental property. Circuit court also found that plaintiff did not show that she received from decedent, in cash and in kind, less than she contributed. more »

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  • Judgment

    Judgment

    By , Jul 13 in Law with 0 comments

    Judgment Not Conditional Appellant may not seek relief on appeal not sought in circuit court. Judgment setting conditions for unsupervised visitation was not a conditional judgment. Statute requires division of property into marital and non-marital property before making award, which circuit court failed to do, so Court of Appeals remands. KELLY LYNN JOHNSON, Petitioner-Appellant vs. more »

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  • Parent Must Work Two Full-Time Jobs Directions to Form 14 do not require circuit court to base imputation of income on unemployment or underemployment, only that parent is deliberately limiting work to avoid child support. Any appropriate time period may determine probable earnings. Circuit court need not believe parent’s testimony about motivation for reducing work more »

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  • Corporation Did Not Need to Be a Party in Divorce Action Since the trial court did not divide corporate assets between the parties, the corporation did not need to be named a party in the divorce case. Robert R. Wisdom, Appellant vs. Nancy Jo Wisdom, Respondent (Overview Summary) Missouri Court of Appeals Western District – more »

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  • Sub S Corporation

    Sub S Corporation

    By , Jul 13 in Law with 0 comments

    OPINION SUMMARY GAVIN T. MEIER, Appellant, ) No. ED92400 ) vs. ) Appeal from the Circuit Court of ) St. Louis County CHRISTINE D. MEIER, Respondent/Cross- ) Appellant. ) Filed: March 23, 2010 OPINION SUMMARY Gavin Meier (Husband) appeals and Christine Meier (Wife) cross-appeals from the judgment of the Circuit Court of St. Louis County more »

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  • Pre-Nuptial Agreement No Good: Circuit court did not err in decreeing “sole physical custody” because it awarded each parent significant time with child, which makes it “joint physical custody, regardless of how the court characterizes it.” Circuit court did not err in classifying property according to pre-nuptial agreement because its provisions purporting to shift marital more »

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  • In the Missouri Court of Appeals Eastern District DIVISION TWO GREGORY B. HARLOW, No. ED92135 Appellant, Appeal from the Circuit Court of vs.St. Charles County SUSAN K. HARLOW, Honorable Norman C. Steimel, III Respondent. FILED: November 17, 2009 Introduction Gregory Harlow (Father) appeals from the trial court’s judgment dismissing his motion to modify the child more »

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