Legal Opinion · Concurring in part, dissenting in part

Bright v. Bright

Missouri Court of Appeals

Decided February 24, 1999No. 22329Published

1Concurring in part, dissenting in partPrewitt, Presiding Judge

I agree with the majority in affirming the award of attorney fees. As Lance was never emancipated, I would affirm the award of support and funeral expenses. I do agree with the principal opinion that had Lance *202been emancipated before his mental incapacity occurred that Appellant would not have been liable for the support or funeral expenses.

The circumstances of Lance’s situation dictated that the obligation to make support payments should not be terminated. Lance never became emancipated for the purposes of § 452.340. Under § 452.340.3, child support payments terminate when a child dies,…

2Cases cited3 opinions

  1. Cole v. Estate of ArmstrongMissouri Court of Appeals · 1986
  2. Kaplon v. HarrisIndiana Supreme Court · 1991
  3. In Re TerrellOhio Court of Appeals · 1976

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