Legal Opinion · Dissent

In Re Estate of Standley

Missouri Court of Appeals

Decided November 7, 2006No. 27444Published

1DissentKenneth W. Shrum, Senior Judge

I respectfully dissent. In my view, this court’s analysis in In re Estate of Desterbecque, 800 S.W.2d 142 (Mo.App.1990), was correct, and it is In Re Estate of Forhan, 149 S.W.3d 537 (Mo.App.2004), that should be overruled.

I cannot improve on nor clarify what Desterbecque said on this issue. The problem with Forhan is that it ignores the following well-established and previously unchallenged principles (as laid out in Desterbecque): (1) that the time within which an appeal may be taken is a competent subject of the constitutionally granted rule-making power of the Supreme Court of Missouri,…

2Cases cited5 opinions

  1. State Ex Rel. Baldwin v. DandurandSupreme Court of Missouri · 1990
  2. In Re Estate of ErwinMissouri Court of Appeals · 1981
  3. In Re Estate of ForhanMissouri Court of Appeals · 2004
  4. Moore v. FryMissouri Court of Appeals · 1990
  5. White v. SweeneyMissouri Court of Appeals · 1995

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