Legal Opinion · Dissent

In the Interest of Allen v. Hooe

Missouri Court of Appeals

Decided January 14, 2000No. 22703Published

1DissentPrewitt, Judge

I respectfully dissent.

The majority, apparently because Respondent did not appeal, ignore Section 404.710.6(5), RSMo Supp.1989, and the long-standing rule that powers of attorney are to be strictly construed.

Respondent did not appeal and was not required to. He received judgment against all Defendants. If the result was correct, we should affirm regardless of the reasons on which it was based. Graue v. Missouri Property Ins. Placement Facility, 847 S.W.2d 779, 782 (Mo. banc 1998). Applying Section 404.710.6(5), as urged by Respondent, the result is correct.

The accounts on which Appellant was…

2Cases cited7 opinions

  1. Trenton Trust Co. v. Western Surety Co.Supreme Court of Missouri · 1980
  2. Graue v. Missouri Property Insurance Placement FacilitySupreme Court of Missouri · 1993
  3. State Ex Rel. State Highway Commission of Missouri v. MorgansteinMissouri Court of Appeals · 1983
  4. Mercantile Trust Co., NA v. HarperMissouri Court of Appeals · 1981
  5. Remax of Blue Springs v. Vajda & Co., Inc.Missouri Court of Appeals · 1986

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API