Legal Opinion

Capital Bank v. Barnes

Missouri Court of Appeals

Decided February 2, 2009No. SD 29150PublishedCited by 6 opinions

1Opinion of the Court

NANCY STEFFEN RAHMEYER, Judge.

The Circuit Court of Pulaski County, Arkansas, entered judgment in favor of The Capital Bank (“Appellant”) and against Charles Barnes (“Respondent”) for an amount exceeding $300,000. Appellant registered' the Arkansas judgment as a foreign judgment in the Circuit Court of Taney County, Missouri; Appellant then caused an execution to be issued against the assets of Rocky’s Italian Restaurant (“Rocky’s”). Respondent filed a motion to quash the execution claiming that the restaurant was exempt because its assets were held in the entireties with his wife, Shirley…

2Cases cited5 opinions

  1. Classic Kitchens & Interiors v. JohnsonMissouri Court of Appeals · 2003
  2. Feinberg v. FeinbergMissouri Court of Appeals · 1996
  3. Petrol Properties, Inc. v. Stewart Title Co.Missouri Court of Appeals · 2007
  4. VanCleve v. SparksMissouri Court of Appeals · 2004
  5. Langworthy v. PrestonMissouri Court of Appeals · 1998

3Cited by6 opinions

  1. Reynolds v. BrillMissouri Court of Appeals · 2010
  2. State ex rel. Koster v. Morningland of Ozarks, LLCMissouri Court of Appeals · 2012
  3. In re HainesUnited States Bankruptcy Court, W.D. Missouri · 2015
  4. Sigmund v. ReaCourt of Appeals of Arizona · 2011
  5. Western Extralite Co. v. Safeco Insurance Co.Missouri Court of Appeals · 2009

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