Rutter v. Bugg, 400 S.W.3d 360

Bugg appeals two Boone County, Missouri orders: (1) presiding judge’s refusal to reassign the case to a different judge, and (2) probate division’s denial of Rule 74.06(b) relief.
This is the seventh time the case has been before this court, with an extensive prior lineage in Rutter v. Bugg (Estate of Downs) cases (Bugg I–VI).
In Bugg V, this court affirmed the probate court’s final distribution and denial of Bugg’s disqualification motion; mandate issued Oct. 19, 2011.
On April 16, 2012, Bugg filed a Rule 74.06(b) motion and a motion to disqualify again.
The court sua sponte must determine whether it has authority to address the merits; the final settlement of an estate is in rem and final, and probate-divisional orders in rem are not generally appealable.
The court ultimately holds it lacks jurisdiction and dismisses the appeal as to merits; the personal representative’s motion to dismiss is moot and sanctions denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jurisdiction to address merits of appeal	Bugg seeks review of final probate judgment.	The estate final decree is in rem; appellate jurisdiction is constrained by statute.	Lacks jurisdiction; appeal dismissed.
Relitigation of issues from prior final judgment	Bugg wants to challenge issues unresolved in Bugg V.	Finality doctrine bars re-litigation of matters already appealed.	barred by finality; not reviewable here.
Appealability of docket-entry orders	Orders are subject to appellate review.	Docket-entry and similar orders are not appealable.	Not appealable; cannot be reviewed on merits.

Bosworth v. Sewell, 918 S.W.2d 773 (Mo. banc 1996) (in rem probate proceedings; final judgment conclusiveness)
Gibson v. Brewer, 952 S.W.2d 239 (Mo. banc 1997) (final settlement is final judgment; impervious to collateral attack)
Estate of Straszynski v. Clark, 313 S.W.3d 140 (Mo. App. S.D. 2010) (probate appeals are statutory and time-limited)