In re Estate of R.M.
| Decision Date | 25 October 2011 |
| Docket Number | No. ED 95675.,ED 95675. |
| Citation | 356 S.W.3d 250 |
| Parties | In the Matter of the ESTATE OF R.M. |
| Court | Missouri Court of Appeals |
356 S.W.3d 250
In the Matter of the ESTATE OF R.M.
No. ED 95675.
Missouri Court of Appeals, Eastern District, Division Three.
Oct. 25, 2011.Motion for Rehearing and/or Transfer to
[356 S.W.3d 251]
Kristin K. Zurek, Cherlyn M. Crosby, St. Louis, MO, For appellant.
Catherine Ward Keefe, Jayne M. Glaser, Clayton, MO, Benicia A. Baker–Livorsi, St. Charles, MO, For respondent.
Steven M. Davis, Guardian Ad Litem, Arnold, MO, For Juvenile.Anthony E. Rothert, St. Louis, MO, Elizabeth L. Mitchell, Daniel S. Volchok, Washington, DC, Elizabeth C. Mooney, Boston, MA, Leslie Cooper, New York, NY, For Amicus Curae.Before ROBERT G. DOWD, JR., P.J., MARY K. HOFF, J., and SHERRI B. SULLIVAN, J.P.M. (Appellant) appeals from the final order 1 of the Probate Division of the Circuit Court of Jefferson County (hereinafter Jefferson County Probate Court or probate court) dismissing her Petition for the Appointment of Guardianship of Minor and vacating her Writ of Habeas Corpus. We affirm in part and dismiss in part.
First, we find that the probate court did not err in entering its final order dismissing Appellant's Petition for the Appointment of Guardianship of Minor. An extended opinion on this issue would have no precedential value. We have, however, provided the parties a memorandum setting forth the reasons for our decision. The probate court's final order dismissing Appellant's Petition for the Appointment of Guardianship of Minor is affirmed pursuant to Rule 84.16(b). 2
Second, for the reasons explained below, we dismiss Appellant's appeal of the probate court's final order vacating her Writ of Habeas Corpus.
Minor was born on May 9, 2006. Respondent's adoption of Minor as her daughter became official on July 10, 2007, by a Judgment and Decree of Adoption entered by the St. Louis County Circuit Court. On May 6, 2010, Appellant filed a Petition for Writ of Habeas Corpus seeking custody of Minor as her “next living biological relative under the probate code” in the Jefferson County Circuit Court. The Jefferson County Circuit Court issued a writ of habeas corpus ordering Respondent to produce Minor on May 17, 2010. The Jefferson County Probate Court appointed a guardian ad litem and ordered a home study while setting the guardianship matter for hearing on the merits for May 17, 2010. Respondent answered the Petition for Writ of Habeas...
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