Legal Opinion

Linzenni v. Hoffman

Supreme Court of Missouri

Decided January 21, 1997No. 79128PublishedCited by 25 opinions

1Opinion of the Court

HOLSTEIN, Chief Justice.

Wilma Hoffman appeals, claiming the circuit court lacked jurisdiction over the dissolution of marriage between her and her husband, Max Hoffman, because Max died before judgment was entered resulting in abatement of the action. Following opinion by the Missouri Court of Appeals, Western District, this Court granted transfer. Rule 83.03. Because an order dissolving the marriage was entered prior to Max’s death, the doctrine of abatement is inapplicable. The judgment is affirmed.

I

After eight years of marriage, Max and Wilma separated in 1994. There were no children of…

2Cases cited5 opinions

  1. Kessinger v. KessingerMissouri Court of Appeals · 1996
  2. Kummer v. CruzMissouri Court of Appeals · 1988
  3. Hardy v. McNarySupreme Court of Missouri · 1961
  4. In Re the Marriage of BergerMissouri Court of Appeals · 1996
  5. Smith v. SmithMissouri Court of Appeals · 1968

3Cited by25 opinions

  1. In the Interest of: J.A.R., D.K.R., and A.E.R., Children Under Seventeen Years of Age, Greene County Juvenile Office v. D.G.R.Supreme Court of Missouri · 2014
  2. State of Missouri v. Amanda N. BazellSupreme Court of Missouri · 2016
  3. State v. CellaSupreme Court of Missouri · 2000
  4. Blackstock v. KohnSupreme Court of Missouri · 1999
  5. Chambers v. Easter Fence Co., Inc.Missouri Court of Appeals · 1997

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