Legal Opinion · Concurrence

Estate of Hopkins v. Estate of Hopkins

Missouri Court of Appeals

Decided September 27, 1993No. 18565Published

1ConcurrencePrewitt, Judge

I fully concur in the principal opinion. I only write because I think that a quote there from City of Town and Country v. St. Louis County, 657 S.W.2d 598, 608 (Mo. banc 1983), could be misleading. That quote says:

“Prejudicial or reversible error in the admission or rejection of evidence is not an issue on appeal in any case tried before the judge without a jury.”

Of course, decisions of the Missouri Supreme Court are “controlling” on this court. Mo. Const. art. V, § 2. In the context used in City of Town and Country, the quoted statement may well be accurate, but I do not think it was…

2Cases cited2 opinions

  1. City of Town & Country v. St. Louis CountySupreme Court of Missouri · 1983
  2. Yates v. YatesMissouri Court of Appeals · 1989

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