Estate of A.T.
2012 Mo. App. LEXIS 1217
| Mo. Ct. App. | 2012Background
- In 2008, probate court granted Respondent guardianship and custody of minor A.T. due to father's injury and death.
- Petitioner Brenner sought termination of guardianship; petition dismissed on August 24, 2011 with no appeal.
- Petitioner filed a writ of habeas corpus on December 14, 2011; writ dismissed January 26, 2012.
- Petitioner filed a notice of appeal on February 6, 2012, challenging the habeas ruling.
- There was a prior court order determining legal custody; guardian appointed under Chapter 475 to provide care and custody.
- The court noted procedural deficiencies in Brenner’s pro se brief but proceeded to address jurisdiction and merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to appeal habeas ruling | Brenner argues the habeas dismissal is appealable. | Respondent argues no appeal under §512.025 due to prior custody order. | Appeal dismissed for lack of jurisdiction; §512.025 applies because a prior guardianship exists. |
Key Cases Cited
- Estate of Sullivan v. Sullivan, 366 S.W.3d 639 (Mo. App. E.D. 2012) (establishes when an appeal from probate matters lies)
- In re Estate of R.M., 356 S.W.3d 250 (Mo. App. E.D. 2011) (prior custody determination bars certain habeas appeals)
- Waller v. A.C. Cleaners Mgmt., Inc., 371 S.W.3d 6 (Mo. App. E.D. 2012) (pro se briefing standards apply; not given preferential treatment)