Legal Opinion

Killingham v. Killingham

Missouri Court of Appeals

Decided October 17, 2017No. ED 104868PublishedCited by 7 opinions

1Opinion of the Court

Gary M. Gaertner, Jr., Presiding Judge

Introduction

William H, Killingham (Husband) appeals the trial court’s denial of his motion to set aside a default judgment the. trial court entered upon Paula Killingham’s (Wife) petition for dissolution of marriage. Because we find service was improper, we reverse.

Background

Wife filed her petition for dissolution of marriage on October 1, 2014. On November 20,2014, a deputy sheriff delivered the summons and petition to-Husband’s residence. The deputy left the summons with the parties’ adult son, Alex, and filed a return of service so reflecting. Husband…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. Worley v. WorleySupreme Court of Missouri · 2000
  2. Ray Charles Bate and Deborah Sue Bate v. Greenwich Insurance CompanySupreme Court of Missouri · 2015
  3. O'HARE v. PermenterMissouri Court of Appeals · 2003
  4. Colter v. LukeMissouri Court of Appeals · 1908
  5. LS DOUGLAS v. HoehMissouri Court of Appeals · 1980

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3Cited by7 opinions

  1. A.R.J. v. C.M.L.Missouri Court of Appeals · 2019
  2. Charles "Jeff" Chick v. Moving Proz, LLC.Missouri Court of Appeals · 2024
  3. Eric Dieckmann v. JH Construction 2, LLC d/b/a JH ExteriorsMissouri Court of Appeals · 2021
  4. Michael J. Williams, Plaintiff/Respondent v. Kenneth Zellers, in his Official Capacity as Acting Director, Missouri Department of Revenue, Vantage Credit Union, and Nathan R. Best, Individually and as Trustee for the Nathan R. Best Living TrustMissouri Court of Appeals · 2020
  5. Ridgetop Manor, LLC, Respondent, vs. Lisa M. White, Appellant.Missouri Court of Appeals · 2025

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