413 S.W.3d 665
Mo. Ct. App.2013Background
- Former spouses with three children; wife resides in Tennessee and husband in Missouri.
- Tennessee custody order grants wife six hours of visitation weekly in St. Louis.
- Husband filed an Adult Abuse/Stalking Petition seeking a full order of protection against Wife; Wife was served Oct. 11, 2012.
- Trial court held a hearing on Nov. 7, 2012; Wife requested a continuance which was denied.
- Court granted a full order of protection against Wife effective until Nov. 7, 2013; Wife appealed.
- Appellate court reverses the stalking-based full order; affirms all other aspects of the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was substantial evidence of stalking | Wife’s conduct lacked a course of conduct serving no legitimate purpose generating alarm. | Husband alleged a pattern of conduct at games and pick-up times causing alarm and fear. | No substantial evidence to support stalking-based order. |
| Whether the denial of a continuance was an abuse of discretion | Wife had good cause due to attorney absence; denial was error. | Trial court properly balanced interests and did not abuse discretion. | No abuse of discretion; continuance denied. |
Key Cases Cited
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of review for judge-tried cases; substantial evidence required)
- Clark v. Wuebbeling, 217 S.W.3d 352 (Mo.App.E.D.2007) (insufficient evidence of alarm; course of conduct lacking illegitimacy)
- Schwalm v. Schwalm, 217 S.W.3d 335 (Mo.App.E.D.2007) (requires more than bare alarm; must show fear of physical harm)
- Inloes v. Inloes, 567 S.W.2d 732 (Mo.App.1978) (discretion to deny continuance; docket control reasonable)
- Chapman v. St. Louis County Bank, 649 S.W.2d 920 (Mo.App.E.D.1983) (trial court’s discretion on continuances; great deference)