Barr v. Barr

I concur in the principal opinion in all respects, including its analysis and holding.

I write separately, however, to express my view that the trial court misapplied or misinterpreted the law in holding that the previously dismissed equitable adoption count, with its incidental request for name change, was the “same cause of action or claim” brought by Appellants under § F 527.270. They are not the same causes of action or claims within the meaning of Rule 67.03.

The adoption count was grounded in equitable principles, whereas the name change under § F 527.270 was a statutorily created cause…