Farmers & Traders Bank v. Kibbe

TURNAGE, Presiding Judge.

The Farmers & Traders Bank filed a petition for discovery of assets in the Estate of John C. Kibbe, pursuant to § 473.-340 RSMo Supp.1984. The court entered judgment finding that Barbara Kibbe, the widow of John, was withholding certain property and had sold other property and entered judgment against her. Thereafter, the court granted Barbara a new trial.

The Bank argues the motion for new trial was not timely filed. The Bank also contends the order granting a new trial cannot stand because the trial court did not give the Bank notice that it was going to take up the…