Legal Opinion · Concurrence

Vogt v. Ketzner

Missouri Court of Appeals

Decided May 25, 1982No. 43294Published

1ConcurrenceReinhard, Presiding Judge

I concur in the majority opinion, however, I want to state my view on the issue of the limitation of maintenance. Ordinarily, I believe that an appellate court should not tamper with a trial court’s determination to limit the period of maintenance. If any reasonable rationale can be inferred from the record for a limitation, we should affirm the trial court’s order. See, Sansone v. Sansone, 615 S.W.2d 670 (Mo.App.1981).

Here, however, wife lost custody of her two young children because of her mental condition. The trial court found that she has not fully recovered from her mental illness.…

2Cases cited2 opinions

  1. Sansone v. SansoneMissouri Court of Appeals · 1981
  2. Smith v. SmithMissouri Court of Appeals · 1979

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