Estate of Austin v. Snead

Docket NumberSC92388
Decision Date29 January 2013
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29 cases
  • City of Moline Acres v. Brennan
    • United States
    • Missouri Supreme Court
    • August 18, 2015
    ...judicial restraint in determining the constitutional validity of a statute by only reaching the question when necessary. In re Estate of Austin, 389 S.W.3d 168, 170 n. 9 (Mo. banc 2013). The same should be true of ordinances, which, like statutes, are presumed constitutional. Saint Louis Un......
  • Brown v. Brown-Thill
    • United States
    • Missouri Court of Appeals
    • April 29, 2014
    ...claims in a civil action de novo. See, e.g., Session v. Dir. of Revenue, 417 S.W.3d 898, 901 (Mo. App. W.D. 2014) (quoting In re Est. of Austin, 389 S.W.3d 168, 171 (Mo. banc 2013)). While we generally "review the denial of a request for attorneys' fees for an abuse of discretion," Kopp v. ......
  • Williams v. Mercy Clinic Springfield Cmtys.
    • United States
    • Missouri Supreme Court
    • January 15, 2019
    ...has jurisdiction over other issues raised because, once jurisdiction attaches, it extends to all issues in the case. In re Estate of Austin , 389 S.W.3d 168, 170 n.9 (Mo. banc 2013).4 Section 538.215 provides, in pertinent part:1. In any action against a health care provider for damages for......
  • Brown v. Brown-Thill
    • United States
    • Missouri Court of Appeals
    • August 19, 2014
    ...of claims in a civil action de novo. See, e.g., Session v. Dir. of Revenue, 417 S.W.3d 898, 901 (Mo.App.W.D.2014) (quoting In re Est. of Austin, 389 S.W.3d 168, 171 (Mo. banc 2013)). While we generally “review the denial of a request for attorneys' fees for an abuse of discretion,” Kopp v. ......
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2 books & journal articles
  • Section 23.3 Personal Representatives
    • United States
    • The Missouri Bar Estate Administration Deskbook Chapter 23 Duties and Liability of Estate Fiduciaries
    • Invalid date
    ...Act (MoPIA), §§ 469.900–469.913, RSMo Supp. 2008. 2014 SUPPLEMENT (§23.3) 1. (§23.3) Personal Representatives In In re Estate of Austin, 389 S.W.3d 168, 173 (Mo. banc 2013), the trial court’s dismissal of the children’s claims for alleged sexual abuse as time barred (per § 473.360, RSMo 200......
  • Section 25.2 Generally—Constitutional Aspects
    • United States
    • The Missouri Bar Estate Administration Deskbook Chapter 25 Litigation Settlements in Probate Matters
    • Invalid date
    ...Add the following paragraphs before the last paragraph in the original section: Further guidance is offered with In re Estate of Austin, 389 S.W.3d 168 (Mo. banc 2013), in which the Supreme Court held that due process requirements were not followed when a personal representative failed to g......

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