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Monthly Archives: October 2015

Trustee Removal Lawsuits, Litigation

If you are unhappy with a trustee, can you remove the trustee? The answer to that question is “yes,” but there needs to be a specific legal basis for it. You will not prevail on a trustee removal case in court simply because you do not like the trustee(s).  Section 456.7-706, RSMo governs trustee removal in […]

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Right to Change of Judge in Missouri

In Missouri, the right to disqualify a judge is liberally construed. State ex rel. Walters v. Schaeperkoetter, 22 S.W.3d 740, 742 (Mo. Ct. App. 2000). Under Missouri’s civil rules, a litigant has a “virtually unfettered right to disqualify a judge without cause on one occasion.” Id. Accordingly, the presentation of a timely application for change of judge under […]

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Will Contests: Timely Service of Parties

A will or trust is void if the person making it lacked sound mind at the time of execution. Watson v. Watson, 562. S.W.2d 329, 331 (Mo. 1978). To prevail on a challenge, there must be evidence tending to prove that testamentary capacity was not present at the time of execution. Armbruster v. Sutton, 244 S.W.2d 65, […]

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Income & Expense Statements in Divorce, Maintenance/Alimony

Missouri law requires that a party to a divorce proceeding file a statement of income and expenses detailing all of his/her personal receipts and expenditures. Depending upon the county, the income and expense statement is filed at the time of a party’s initial pleadings or soon after. Many counties further require that the parties supplement the […]

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Writ of Prohibition in Missouri

The Missouri Supreme Court Rules characterize the writs of prohibition, mandamus, quo warranto and habeas corpus as “extraordinary remedies.” They involve unusual procedures and usually revolve around urgent issues that cannot be addressed through typical legal channels. An order/writ of prohibition, for instance, is an order by a higher court to a lower court, agency or public […]

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Non-Solicitation Agreements & Contracts

Restrictive convenants — non-compete agreements, non-solicitation, agreements, etc. — are typically only valid to the extent they protect legitimate employer interests. An employer has a legitimate interest in customer contacts because “the influence an employee acquires over his employer’s customers through personal contact.” Scchmersahl, Treloar & Co. v. McHugh, 28 S.W.3d 345, 349 (Mo. Ct. App. 2000). […]

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