Chamberlain v. Chamberlain, SD24095
| Court | Missouri Court of Appeals |
| Writing for the Court | PER CURIAM |
| Citation | 63 S.W.3d 326 |
| Parties | Dorothy Chamberlain, Petitioner-Respondent, v. Steve Chamberlain, Respondent-Appellant 24095 Missouri Court of Appeals Southern District 0 |
| Decision Date | 09 January 2002 |
| Docket Number | SD24095 |
Dorothy Chamberlain, Petitioner-Respondent,
v.
Steve Chamberlain, Respondent-Appellant
24095
Missouri Court of Appeals Southern District
01/09/2002
Appeal From: Circuit Court of New Madrid County, Hon. Fred W. Copeland, Judge
Counsel for Appellant: Heath H. Hooks
Counsel for Respondent: Lynn N. Bock
Opinion Summary: None
Prewitt and Parrish, JJ., concur.
Nancy Steffen Rahmeyer, Judge
REVERSED AND REMANDED
Dorothy J. Chamberlain ("Wife") and Steve Chamberlain ("Husband") were divorced by the New Madrid Circuit Court on December 14, 1993. Husband filed a Petition to Vacate Decree of Dissolution on May 22, 2000. The trial court overruled the petition(FN1) and Husband appeals from that judgment. We reverse and remand the case to the trial court for further proceedings consistent with this opinion.
Wife filed her Petition for Dissolution of Marriage on July 19, 1993. She alleged that Husband "cannot be served in [Missouri] with process in the manner prescribed by law for personal service of process in this state, and his present address is Rt. 3, Box 237, Golconda, Illinois, 63938." Wife provided Husband's social security number and stated that he was unemployed.
On July 19, 1993, the New Madrid County Circuit Clerk ("the clerk") sent a letter to the sheriff of Pope County in Golconda, Illinois requesting the sheriff serve an enclosed summons on Steve Chamberlain. The letter was returned to the clerk's office with a notation dated September 21, 1993, which stated that the summons was being returned because it was outdated. The clerk sent another letter and summons to the Pope County sheriff dated September 23, 1993, again asking that the sheriff serve Steve Chamberlain. No record of service of the summons exists and there is no further explanation as to why he was not personally served.
On October 18, 1993, the Circuit Court of New Madrid County issued an Order of Publication of Notice to Steve Chamberlain ("publication order") concerning the dissolution action. In the "Affidavit of Publication," Clement Cravens, "Publisher of The Weekly Record" swore that notice was published concerning the Chamberlain divorce petition from October 22, 1993 through November 12, 1993 in "The Weekly Record," "a weekly newspaper of general circulation in the County of New Madrid." The court heard evidence on the divorce petition on December 14, 1993 and found Husband in default. The marriage was dissolved and marital property and debts were divided pursuant to the petition for dissolution and decree. On May 22, 2000, Husband filed his verified "Petition to Vacate Decree of Dissolution Entered On December 15, 1993." The petition alleges the decree of dissolution should be set aside for lack of personal jurisdiction over Husband. Husband admits that publication was made in New Madrid County, but alleges a copy of the summons and petition was not mailed to him. Husband also alleges that Wife "grossly misrepresented to the Court the marital assets of...
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5 practice notes
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Simpson v. Strong, No. 27235.
...were presented to and decided by the trial court, we are unable to adequately review this claim of error. In re Marriage of Chamberlain, 63 S.W.3d 326, 331 (Mo.App.2002); Refrigeration Supplies, Inc. v. J.L. Mason of Missouri, Inc., 872 S.W.2d 105, 108 (Mo.App. Ex gratia, we note that leave......
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Fedynich v. Massood, No. WD 72816.
...criteria that aid in determining whether parties intended that one agreement reached during negotiations be a separate contract. Smith, 63 S.W.3d at 326. Mr. Fedynich's position is not, however, aided by these cases. In HGS Homes and Dippel, the plaintiffs brought actions to recover upon ag......
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Estate of Fox v. Johnson & Johnson, No. ED 104580
...WL 1499185 (S.D.N.Y. 2015).8 See e.g. , McDonald v. Thompson , 35 S.W.3d 906 (Mo. App. S.D. 2001), and In re Marriage of Chamberlain , 63 S.W.3d 326 (Mo. App. S.D. 2002).9 See e.g. , Roth v. Roth , 571 S.W.2d 659 (Mo. App. E.D. 1978), and Dietz v. Humphreys , 507 S.W.2d 389 (Mo....
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Hutchens v. Burrell Inc., No. WD 72838.
...hour. Hutchens pled the latter, and her recovery therefore depended on proof of such a contract. See Shain, 178 S.W.2d at 448; Smith, 63 S.W.3d at 326; Swearingin, 570 S.W.2d at 812–13; Heard, 271 S.W.2d at 70; Boyer, 241 S.W.2d at 46; Deisel–Wemmer–Gilbert Corp., 104 S.W.2d at 1033. This i......
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5 cases
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Simpson v. Strong, No. 27235.
...were presented to and decided by the trial court, we are unable to adequately review this claim of error. In re Marriage of Chamberlain, 63 S.W.3d 326, 331 (Mo.App.2002); Refrigeration Supplies, Inc. v. J.L. Mason of Missouri, Inc., 872 S.W.2d 105, 108 (Mo.App. Ex gratia, we note that leave......
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Fedynich v. Massood, No. WD 72816.
...criteria that aid in determining whether parties intended that one agreement reached during negotiations be a separate contract. Smith, 63 S.W.3d at 326. Mr. Fedynich's position is not, however, aided by these cases. In HGS Homes and Dippel, the plaintiffs brought actions to recover upon ag......
-
Estate of Fox v. Johnson & Johnson, No. ED 104580
...WL 1499185 (S.D.N.Y. 2015).8 See e.g. , McDonald v. Thompson , 35 S.W.3d 906 (Mo. App. S.D. 2001), and In re Marriage of Chamberlain , 63 S.W.3d 326 (Mo. App. S.D. 2002).9 See e.g. , Roth v. Roth , 571 S.W.2d 659 (Mo. App. E.D. 1978), and Dietz v. Humphreys , 507 S.W.2d 389 (Mo....
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Hutchens v. Burrell Inc., No. WD 72838.
...hour. Hutchens pled the latter, and her recovery therefore depended on proof of such a contract. See Shain, 178 S.W.2d at 448; Smith, 63 S.W.3d at 326; Swearingin, 570 S.W.2d at 812–13; Heard, 271 S.W.2d at 70; Boyer, 241 S.W.2d at 46; Deisel–Wemmer–Gilbert Corp., 104 S.W.2d at 1033. This i......
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