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Courts In Conflict About Test To Modify Visitation

A holding that the “best interests” of the child are the only consideration for a modification of visitation rights has set up a direct conflict within the Missouri Court of Appeals. The case is James v. James, MLW No. DS-6228, ...

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ADR, Fast Track Dockets Recommended In St. Louis

A St. Louis task force of lawyers and judges has recommended heavier use of alternative dispute resolution (ADR) techniques, fast track dockets for personal injury cases, early assignment of presumptive trial dates, use of discovery scheduling orders, and promotion of ...

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Help Your Judge And Yourself With Form 14 Calculations

Family Law Help Your Judge And Yourself With Form 14 Calculations Help your judge make the right findings when dealing with child support and Form 14, or the appellate court will tell you both to do it all over again. ...

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Bank Fails In Effort To Keep Surplus Money In Condemnation

Where the Highway Commission condemned some land, paid into court a $293,000 commissioner’s award, then tried the case on exceptions filed and got a judgment that the value of the condemned land was $127,000, the Highway Commission could seek restitution ...

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Protectee's Death Voids Conservators' Contract

Where co-conservators, acting under a court order, signed a contract to sell real estate from the conservatorship estate but the protectee died hours before the conservators filed their Report of Private Sale with the probate court, the court had no ...

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Child Support Duty Terminated When Son Enrolls In College 22 Days Late

A child who graduated from high school, spent the summer doing basic training in the National Guard and registered for college on October 23, 22 days after the statutory deadline, was emancipated, the Missouri Court of Appeals’ Western District has ...

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'Taking Fifth' Does Not Bar A Share In Marital Property

When a husband invoked the Fifth Amendment in a divorce proceeding to avoid answering interrogatories concerning his extra-marital affairs, the trial court could not, as a matter of law, refuse to award him any marital property without his wife’s consent, ...

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New Trial Lost When Points In Memo Were Not In Motion

Civil Practice New Trial Lost When Points In Memo Were Not In Motion A Motion For New Trial and the memorandum supporting it are not necessarily the same thing. And if you want your point to count, it had better ...

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Missouri Lawyers Weekly On Disk Offers Computerized Legal Research

Missouri Lawyers Weekly On Disk, the new desktop data base for legal research which was demonstrated at the Missouri Bar Convention last August, is now on the market, said publisher Milton Garber. A subscription includes a whole year of all ...

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Assignment Makes Maintenance Dischargeable In Bankruptcy

Where a wife assigned her right to receive maintenance and attorney’s fees under a divorce decree to her lawyer, the assignment made the unpaid installments dischargeable when her husband filed for bankruptcy. The unpaid maintenance remained dischargeable even though the ...

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Plat Restrictions Locked Into Place For 25 Years

Where a developer recorded restrictive covenants on a subdivision and provided that these were to run with the land for 25 years “except as otherwise provided herein, after which time said covenants” could be amended, the developer’s attempt to amend ...

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