Flynn v. Scott, 72965
| Court | Court of Appeal of Missouri (US) |
| Writing for the Court | RHODES RUSSELL; SIMON, J., and RICHARD B. TEITELMAN |
| Citation | 969 S.W.2d 260 |
| Parties | Michael W. FLYNN, Appellant, v. Stephen SCOTT, David Scott, and Abigail Scott, Respondents. |
| Docket Number | No. 72965,72965 |
| Decision Date | 12 May 1998 |
Page 260
v.
Stephen SCOTT, David Scott, and Abigail Scott, Respondents.
Eastern District,
Division Two.
Page 261
Robert E. Trame, St. Louis, for appellant.
Fairfax Jones, St. Louis, for respondents Stephen and David Scott.
Edward M. Roth, St. Louis, for respondent Abigail Scott.
RHODES RUSSELL, Presiding Judge.
Michael W. Flynn, purported guardian and conservator ("guardian"), appeals from a judgment of the trial court denying his motion to reopen a guardianship and conservatorship proceeding in order to tax his fees as costs against the relatives of Wilmot Harry Scott ("ward") who had initiated the proceeding. We affirm in that the appointment of guardian was void as the court lacked jurisdiction due to a failure to serve ward personally. No statutory authorization exists for compensation of an unauthorized guardian of a ward.
This is the third appeal by the parties over issues in this guardianship. The proceedings began in 1991 and 1992 when ward's two sons and wife filed two separate petitions requesting the appointment of a guardian and conservator for ward. The court found ward was incapacitated both physically and mentally, and because of dissension among family members, appointed guardian as ward's guardian, conservator, and attorney. Ward's wife and daughter moved the court to declare the guardianship proceeding void in that ward was never personally served and, therefore, the court never acquired jurisdiction over him. The trial court denied the motion, and wife and daughter appealed. This court reversed the judgment holding that the guardianship proceeding was void for lack of jurisdiction for failure to comply with section 475.075.2 RSMo 1986. Scott v. Scott, 882 S.W.2d 295 (Mo.App.1994) ("Scott I ").
While Scott I was pending, ward died. Guardian filed a claim against ward's estate for $30,941.50 for his services as guardian and conservator. Guardian's claim against the estate was allowed in the amount of $18,000. Guardian, wife, and daughter appealed. This court again reversed, holding that the judgment allowing guardian's claim was void for lack of jurisdiction. In re the Matter of the Estate of Scott, 932 S.W.2d 413 (Mo.App.1996) ("Scott II ").
Guardian thereafter filed a motion to reopen the guardianship proceeding in order to tax his fees as costs to the ward's family members, personally, who petitioned for the
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Dowaliby v. Chambless, 3320.
...of the common law and therefore must be strictly construed to allow only the recovery of costs and not attorney's fees); Flynn v. Scott, 969 S.W.2d 260 (Mo.Ct.App.1998) (holding attorney was not entitled to recover fees absent statutory authorization); In re Guardianship of the Person & Est......
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State v. Dixon, WD 81592
...procedures were not impermissibly suggestive and admission of the voice identification was supported by sufficient evidence. Dixon , 969 S.W.2d at 260. Dixon appeals.18 AnalysisDixon raises four points on appeal. He claims that the motion court erred in (1) admitting testimony regarding the......