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Case Information

Filed 2021-09-23
Type Cc Pers Injury Vehicular
Docket 104 entries
Disposition dismiss

Parties

Plaintiff Permanent General Assurance Corporation|Hansmann, Bradley Richard|Mcfarland, Julia
Defendant Shullbatye, Brandy|Eddy, Jessica|Shull, Paris|Morgan, Eric|Morgan, Shelly|Kemberton Healthcare|Mosaic Life Care(faraon)|Missouri Department Of Social Services
Photo of Hon. Fincham Thomas C

Judge

Hon. Fincham Thomas C

Buchanan County (MO)

Missouri

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Lawyers

Docket Entries

  1. udge Assigned
  2. udge/Clerk - Note Email sent to counsel regarding pick up of exhibits. (mlc)
  3. udge/Clerk - Note Clerk mailed checks for Eric Morgan and Shelly Morgan to attorney per her request. (kmm)
  4. eceipt Filed RECEIPT OF FUNDS signed for by Michael Propst for Paris Shull. (kmm)
  5. eceipt Filed RECEIPT OF FUNDS signed for by Michael Propst for Brandy Shull-Batye. (kmm)
  6. udge/Clerk - Note Clerk contacted attorneys on checks available for pick up. Clerk mailed check to defendant Jessica Eddy (aka Justin Eddy). (kmm)
  7. ismiss by Ct w/ Prejudice
  8. udgment Entered Cause having been taken under advisement, Court finds insurance proceeds shall be distributed as follows: $15,000.00 payable to Shelly Morgan; $15,000.00 payable to Eric Morgan; $10,000.00 payable to Brandy Shull-Bayte; $8000.00 payable to Paris Shull and $2000.00 payable to Jessica Eddy (aka Justin Eddy). All parties to pay their own attorney fees. Cause dismissed with prejudice. All as per JUDGMENT AND ORDER REGARDING DISTRIBUTION OF INSURANCE PROCEEDS filed herein. (mlc) Copy to counsel via Efile. Copy to pro se party, Eddy, via USPS. (mlc) Filed By: THOMAS C FINCHAM
  9. roposed Order Filed Proposed JUDGMENT AND ORDER REGARDING DISTRIBUTION OF INSURANCE PROCEEDS filed and forwarded to DIV I for review. (cfs) Electronic Filing Certificate of Service. Filed By: MICHAEL JOHN PROPST On Behalf Of: BRANDY SHULL-BATYE, PARIS SHULL, BRANDY SHULL-BATYE
  10. ourt Trial Held Defendant, Brandy Shull-Batye, appears in person and with atty Michael Propst and atty Tristan Medlin. Defendant, Paris Shull, appears not, but by NOF/Defendant Brandy Shull-Batye. Defendants, Eric Morgan and Shelly Morgan, appears in person and with atty Sophie Woodworth. Defendant, Jessica Eddy (aka Justin Eddy) appears in person, pro se. Cause comes for hearing on distribution of funds. Evidence heard. Closing arguments heard. Cause is taken under advisement. Each counsel to submit proposed judgment in Word format and submit same to division clerk within 21 days. (mlc) Associated Entries: 10/07/2022 - Hearing Continued/Rescheduled + Associated Entries: 10/12/2022 - Court Trial Scheduled Scheduled For: 02/10/2023; 1:30 PM; THOMAS C FINCHAM; Platte
  11. ourt Trial Scheduled Associated Entries: 02/10/2023 - Court Trial Held + Scheduled For: 02/10/2023; 1:30 PM; THOMAS C FINCHAM; Platte
  12. earing Continued/Rescheduled Plaintiff and counsel appear not. Defendants, Morgan, appear in person and with atty Sophie Woodworth. Cause set for 1/2 day trial on 02/10/23 at 1:30 PM. (mlc) Associated Entries: 09/09/2022 - Hearing Continued/Rescheduled + Associated Entries: 09/13/2022 - Hearing Scheduled Associated Entries: 02/10/2023 - Court Trial Held + Hearing Continued From: 10/07/2022; 9:00 AM Hearing
  13. rder Withdrawing Attorney: ORDER granting withdrawal of atty John Cady filed. (mlc) Filed By: THOMAS C FINCHAM
  14. roposed Order Filed Proposed ORDER to Withdraw as Attorney on the Case fowarded to DIV I for Review. (kr) Electronic Filing Certificate of Service. Filed By: JOHN ROGER CADY On Behalf Of: ERIC MORGAN, SHELLY MORGAN
  15. otion to Withdraw WITHDRAWAL OF ATTORNEY, Comes now John Cady respectfully withdraws as attorney for Defendants filed. (kr) Electronic Filing Certificate of Service. Filed By: JOHN ROGER CADY
  16. ntry of Appearance Filed ENTRY OF APPEARANCE, Comes now Sophie Woodworth hereby enters her appearance as attorney of record for Shelly Morgan and Eric Morgan Defendant's filed. (kr) Electronic Filing Certificate of Service. Filed By: Sophie Woodworth On Behalf Of: ERIC MORGAN, SHELLY MORGAN
  17. earing Scheduled Associated Entries: 10/07/2022 - Hearing Continued/Rescheduled + Scheduled For: 10/07/2022; 9:00 AM; THOMAS C FINCHAM; Platte
  18. earing Continued/Rescheduled Plaintiff and counsel appear not. Defendants, Shull & Shull-Batye, appears by atty Tristen Medlin. Defendants, Morgan, appear by atty John Cady, who informs Court that withdrawal is to follow due to possible conflict of interest. Cause continued to 10/07/22 at 9 AM by docket call. (mlc) Associated Entries: 08/12/2022 - Hearing Continued/Rescheduled + Associated Entries: 08/17/2022 - Hearing Scheduled Associated Entries: 10/07/2022 - Hearing Continued/Rescheduled + Hearing Continued From: 09/09/2022; 9:00 AM Hearing
  19. ntry of Appearance Filed ENTRY OF APPEARANCE, Comes now Tristan L. Medlin enters his appearance as Attorney on Behalf of Defendant Brandy Shull-batye filed. (kr) Electronic Filing Certificate of Service. Filed By: TRISTAN LEWIS MEDLIN On Behalf Of: BRANDY SHULL-BATYE
  20. ntry of Appearance Filed ENTRY OF APPEARANCE, Comes now Tristan L. Medlin hereby enters his appearance as Attorney on behalf of Defendant Paris Shull filed. (kr) Electronic Filing Certificate of Service. Filed By: TRISTAN LEWIS MEDLIN On Behalf Of: PARIS SHULL
  21. earing Scheduled Associated Entries: 09/09/2022 - Hearing Continued/Rescheduled + Scheduled For: 09/09/2022; 9:00 AM; THOMAS C FINCHAM; Platte
  22. earing Continued/Rescheduled At request of atty Michael Propst, written continuance request, cause continued to 09/09/22 at 9 AM for docket call. (mlc) Associated Entries: 06/03/2022 - Hearing Continued/Rescheduled + Associated Entries: 06/13/2022 - Hearing Scheduled Associated Entries: 09/09/2022 - Hearing Continued/Rescheduled + Hearing Continued From: 08/12/2022; 10:00 AM Hearing
  23. otion Filed DEFENDANT'S MOTION FOR CONTINUANCE filed. (kmm) Filed By: MICHAEL JOHN PROPST
  24. ntry of Appearance Filed ETNRY OF APPEARANCE of attorney Michael J. Propost on behalf of the defendants Brandy Shull-Batye and Paris Shull filed. (kmm) Electronic Filing Certificate of Service. Filed By: MICHAEL JOHN PROPST On Behalf Of: BRANDY SHULL-BATYE
  25. orrespondence Filed with check by attorney for petitioner. (kmm)
  26. earing Scheduled Associated Entries: 08/12/2022 - Hearing Continued/Rescheduled + Scheduled For: 08/12/2022; 10:00 AM; THOMAS C FINCHAM; Platte
  27. udgment Entered JUDGMENT regarding Petitioner for Interpleader filed. (mlc) Filed By: THOMAS C FINCHAM
  28. earing Continued/Rescheduled Plaintiff appears by atty Brendon Fole. Defendant, Brandy Shull-Batye, appears in person, pro se, who requests continuance to contact legal counsel. Defendants, Morgan, appears in person and with atty John Cady. Cause comes for hearing on Motion for Interpleader. Same is granted. Order to follow. Cause continued to 08/12/22 at 10 AM for hearing on distribution of funds. (mlc) Associated Entries: 05/18/2022 - Hearing Continued/Rescheduled + Associated Entries: 05/18/2022 - Hearing Scheduled Associated Entries: 08/12/2022 - Hearing Continued/Rescheduled + Hearing Continued From: 06/03/2022; 9:00 AM Hearing
  29. earing Scheduled Associated Entries: 06/03/2022 - Hearing Continued/Rescheduled + Scheduled For: 06/03/2022; 9:00 AM; THOMAS C FINCHAM; Platte
  30. earing Continued/Rescheduled Division in jury trial and unable to hear scheduled docket. Cause continued to 06/03/22 at 9 AM for docket call. Notice to counsel via Efile. (mlc) Associated Entries: 02/18/2022 - Hearing Continued/Rescheduled + Associated Entries: 02/23/2022 - Hearing Scheduled Associated Entries: 06/03/2022 - Hearing Continued/Rescheduled + Hearing Continued From: 05/20/2022; 9:00 AM Hearing
  31. gent Served Document ID - 22-SMCC-163; Served To - MISSOURI DEPARTMENT OF SOCIAL SERVICES; Server - ; Served Date - 13-APR-22; Served Time - 13:15:00; Service Type - Sheriff Department; Reason Description - Served; Service Text - RETURN OF SUMMONS Served to Carrie Morrow Signee served at 221 W. High St Cole County on April 13, 2022 at 1:15 by Sheriff Depaertment
  32. otice of Hearing Filed NOTICE OF HEARING on Motion for Approval of It's Petition for Interpleader and Distribution of Interpleader Funds set for May 20, 2022 at 9 am in DIV I filed. (kmm) Electronic Filing Certificate of Service. Filed By: Bradley Richard Hansmann On Behalf Of: PERMANENT GENERAL ASSURANCE CORPORATION
  33. otion Filed THE GENERAL'S MOTION FOR APPROVAL OF IT'S PETITION FOR INTERPLEADER AND DISTRIBUTION OF INTERPLEADER FUNDS filed. (kmm) Electronic Filing Certificate of Service. Filed By: Bradley Richard Hansmann On Behalf Of: PERMANENT GENERAL ASSURANCE CORPORATION
  34. ummons Issued-Circuit Document ID: 22-SMCC-163, for MISSOURI DEPARTMENT OF SOCIAL SERVICES. Issued and Forwarded to Attorney for proper service filed. (ag)
  35. ote to Clerk eFiling Filed By: JOHN ROGER CADY
  36. etition: PETITION FOR WAIVER OR REDUCTION OF MEDICAID LIEN UNDER RSMO 208.215 filed. (ag) Electronic Filing Certificate of Service. Filed By: JOHN ROGER CADY On Behalf Of: ERIC MORGAN
  37. orporation Served Document ID - 21-SMOS-110; Served To - KEMBERTON HEALTHCARE; Server - ; Served Date - 25-OCT-21; Served Time - 14:10:00; Service Type - Special Process Server; Reason Description - Served; Service Text - Wyman T Kroft, SPS, has served Greg Elliot for Corporation
  38. otice of Service AFFIDAVIT OF SERVICE - Kemberton Healthcare served Electronic Filing Certificate of Service. Filed By: Bradley Richard Hansmann On Behalf Of: PERMANENT GENERAL ASSURANCE CORPORATION
  39. earing Scheduled Associated Entries: 05/18/2022 - Hearing Continued/Rescheduled + Scheduled For: 05/20/2022; 9:00 AM; THOMAS C FINCHAM; Platte
  40. earing Continued/Rescheduled Plaintiff and counsel fail to appear, phone call received from atty McFarland informing the Court that no appearance will be made - attorney is located in St Louis, MO. Defendants appear by atty John Cady. Cause continued to 05/20/22 at 9 AM for docket call in person. (mlc) Associated Entries: 01/12/2022 - Hearing Scheduled Associated Entries: 05/18/2022 - Hearing Continued/Rescheduled + Hearing Continued From: 02/18/2022; 9:00 AM Hearing
  41. ertificate of Service CERTIFICATE OF MAILING filed. Defendant's Attorney states that he has sent via U.S. Mail, postage pre-paid on January 19, 2022, to Brad Hansmann, Julia McFarland, Brandy Shull-Batye, Jessica Eddy, Paris Shull, Eric Morgan, and Shelly Morgan. aeg Electronic Filing Certificate of Service. Filed By: JOHN ROGER CADY On Behalf Of: ERIC MORGAN, SHELLY MORGAN
  42. earing Scheduled Associated Entries: 02/18/2022 - Hearing Continued/Rescheduled + Scheduled For: 02/18/2022; 9:00 AM; THOMAS C FINCHAM; Platte
  43. otice of Hearing Filed NOTICE OF HEARING filed. aeg Electronic Filing Certificate of Service. Filed By: JOHN ROGER CADY On Behalf Of: ERIC MORGAN, SHELLY MORGAN
  44. earing Scheduled
  45. earing Continued/Rescheduled to Friday, February 18, 2022 for docket call. (kj) Associated Entries: 09/24/2021 - Hearing Scheduled Hearing Continued From: 01/07/2022; 9:00 AM Hearing
  46. ote to Clerk eFiling Filed By: JOHN ROGER CADY
  47. mended Notice of Hrng Filed Amended Notice of Hearing filed requesting 90 day docket call be continued to Friday, February 18, 2022 at 9:00 a.m. as counsel is out of town. (kj) Electronic Filing Certificate of Service. Filed By: JOHN ROGER CADY On Behalf Of: ERIC MORGAN, SHELLY MORGAN
  48. rder Appt Next of Friend ORDER appointing Brandy Shull-Batye as next fried for Paris Shull signed and filed. (kmm)
  49. roposed Order Filed Proposed Order Appointing Next Friend for Paris Shull filed. (kmm) Electronic Filing Certificate of Service. Filed By: Bradley Richard Hansmann On Behalf Of: PERMANENT GENERAL ASSURANCE CORPORATION
  50. gent Served Document ID - 21-SMCC-554; Served To - MOSAIC LIFE CARE(Faraon); Server - ; Served Date - 07-DEC-21; Served Time - 10:07:00; Service Type - Special Process Server; Reason Description - Served; Service Text - by the special process server showing service on Trey Drowns, Rish Management Coordinator on December 7, 2021 at 10:07 a.m. (kj)
  51. ffidavit Filed Affidavit of Service - Mosaic Life Care; Electronic Filing Certificate of Service. Filed By: Bradley Richard Hansmann On Behalf Of: PERMANENT GENERAL ASSURANCE CORPORATION
  52. rder Appt Next of Friend ORDER APPONTING NEXT FRIEND of Shelly Morgan signed and filed. (kmm)
  53. roposed Order Filed Proposed Order for Appointment of Next Friend filed. (kmm) Electronic Filing Certificate of Service. Filed By: JOHN ROGER CADY On Behalf Of: ERIC MORGAN, SHELLY MORGAN
  54. otion to Appoint Next Friend PETITION FOR APPOINTMENT OF NEXT FRIEND TO MINOR ERIC MORGAN filed. (kmm) Filed By: JOHN ROGER CADY
  55. nswer Filed DEFENDANTS ANSWER TO AMENDED PETITION FOR INTERPLEADER PURSUANT TO R.S.MO. 507.060 filed. (kmm) Electronic Filing Certificate of Service. Filed By: JOHN ROGER CADY
  56. otion to Appoint Next Friend PETITOIN FOR APPOINTMENT OF NEXT FRIEND TO MINOR PARIS SHULL filed. (kmm) Electronic Filing Certificate of Service. Filed By: Bradley Richard Hansmann On Behalf Of: PERMANENT GENERAL ASSURANCE CORPORATION
  57. ummons Personally Served Document ID - 21-SMCC-486; Served To - EDDY, JESSICA; Server - ; Served Date - 09-NOV-21; Served Time - 20:39:00; Service Type - Special Process Server; Reason Description - Served; Service Text - TO DEFENDANT AT 124 N 24TH STREET LEXINGTON MO 64067 BY SPECIAL PROCESS SERVER. (kmm)
  58. otice of Service Affidavit of Service - Jessica Eddy; Electronic Filing Certificate of Service. Filed By: Bradley Richard Hansmann On Behalf Of: PERMANENT GENERAL ASSURANCE CORPORATION
  59. ummons Personally Served Document ID - 21-SMCC-488; Served To - MORGAN, ERIC; Server - ; Served Date - 21-OCT-21; Served Time - 19:46:00; Service Type - Special Process Server; Reason Description - Served; Service Text - AT 526 S. JACKSON ARCHIE, MO 64725 BY SPECIAL PROCESS SERVER. (kmm)
  60. ummons Returned Non-Est Document ID - 21-SMCC-489; Served To - MORGAN, SHELLY; Server - ; Served Date - 23-NOV-21; Served Time - 00:00:00; Service Type - Special Process Server; Reason Description - Non-est; Service Text - NON-EST
  61. ummons Personally Served Document ID - 21-SMCC-487; Served To - SHULL, PARIS; Server - ; Served Date - 26-OCT-21; Served Time - 14:28:00; Service Type - Special Process Server; Reason Description - Served; Service Text - AT 124 N 24TH ST, LEXINGTON MO BY SPECIAL PROCESS SERVER. (kmm)
  62. ummons Personally Served Document ID - 21-SMCC-484; Served To - SHULL-BATYE, BRANDY; Server - ; Served Date - 26-OCT-21; Served Time - 14:28:00; Service Type - Special Process Server; Reason Description - Served; Service Text - AT 124 N 24TH ST, LEXINGTON MO BY SPECIAL PROCESS SERVER. (kmm)
  63. otice of Service Affidavit of Service - Eric Morgan; Electronic Filing Certificate of Service. Filed By: Bradley Richard Hansmann On Behalf Of: PERMANENT GENERAL ASSURANCE CORPORATION
  64. otice of Service Affidavit of Non-Service - Shelly Morgan; Electronic Filing Certificate of Service. Filed By: Bradley Richard Hansmann
  65. otice of Service Affidavit of Service - Paris Shull; Electronic Filing Certificate of Service. Filed By: Bradley Richard Hansmann
  66. otice of Service Affidavit of Service - Brandy Shull-Batye; Electronic Filing Certificate of Service. Filed By: Bradley Richard Hansmann
  67. ummons Issued-Circuit Document ID: 21-SMCC-554, for MOSAIC LIFE CARE(Faraon) issued and forwarded to attorney for proper servie by special process server. (kmm)
  68. equest Filed Request for Issuance of Summons for Mosaic Life Care filed. (kmm) Electronic Filing Certificate of Service. Filed By: Bradley Richard Hansmann On Behalf Of: PERMANENT GENERAL ASSURANCE CORPORATION
  69. udge/Clerk - Note Alias summons are not issued at this time due previous summons not returned. (kmm)
  70. lias Summons Requested Alias Summons Request for Shelly Morgan filed. (kmm) Electronic Filing Certificate of Service. Filed By: Bradley Richard Hansmann On Behalf Of: PERMANENT GENERAL ASSURANCE CORPORATION
  71. lias Summons Requested Alias Summons Request for Eric Morgan filed. (kmm) Electronic Filing Certificate of Service. Filed By: Bradley Richard Hansmann
  72. mend Pet/Mot to Modfy Filed AMENDED PETITION FOR INTERPLEASER PURSUANT Exhibit A; filed. (ag) Electronic Filing Certificate of Service. Filed By: Bradley Richard Hansmann On Behalf Of: PERMANENT GENERAL ASSURANCE CORPORATION
  73. ummons Issued-Circuit Document ID: 21-SMOS-110, for KEMBERTON HEALTHCARE. issued and returned to Attorney to forward to SPS for service. (ldb)
  74. ummons Issued-Circuit Document ID: 21-SMCC-489, for MORGAN, SHELLY. issued and returned to Attorney to forward to SPS for service. (ldb)
  75. ummons Issued-Circuit Document ID: 21-SMCC-488, for MORGAN, ERIC. issued and returned to Attorney to forward to SPS for service. (ldb)
  76. ummons Issued-Circuit Document ID: 21-SMCC-487, for SHULL, PARIS. issued and returned to Attorney to forward to SPS for service. (ldb)
  77. ummons Issued-Circuit Document ID: 21-SMCC-486, for EDDY, JESSICA. issued and returned to Attorney to forward to SPS for service. (ldb)
  78. ummons Issued-Circuit Document ID: 21-SMCC-484, for SHULL-BATYE, BRANDY. issued and returned to Attorney to forward to SPS for service. (ldb)
  79. rder - Special Process Server ORDER GRANTING PLAINTIFF'S MOTION FOR APPOINTMENT OF SPECIAL PROCESS SERVER filed. (ldb)
  80. roposed Order Filed Proposed Order Granting Plaintiff Motion for Appointment of Special Process Server filed. (ldb) Electronic Filing Certificate of Service. Filed By: Bradley Richard Hansmann On Behalf Of: PERMANENT GENERAL ASSURANCE CORPORATION
  81. ntry of Appearance Filed filed by Julia D. McFarland entering her appearance on behalf Plaintiff. (ldb) Electronic Filing Certificate of Service. Filed By: JULIA MCFARLAND On Behalf Of: PERMANENT GENERAL ASSURANCE CORPORATION
  82. otion Special Process Server PLATINTIFF'S MOTION FOR APPOINTMENT OF SPECIAL PROCESS SERVER filed. (ldb) Filed By: Bradley Richard Hansmann On Behalf Of: PERMANENT GENERAL ASSURANCE CORPORATION
  83. otice NOTICE OF 90 DAY DOCKET CALL filed. Court date January 7, 2022 at 9:00 a.m. in DIV I. (ldb)
  84. earing Scheduled Associated Entries: 01/03/2022 - Hearing Continued/Rescheduled + Scheduled For: 01/07/2022; 9:00 AM; THOMAS C FINCHAM; Platte
  85. iling Info Sheet eFiling Filed By: Bradley Richard Hansmann
  86. et Filed in Circuit Ct PETITION FOR INTERPLEADER PURSUANT TO R.S.MO. § 507.060 filed. (ldb( Filed By: Bradley Richard Hansmann On Behalf Of: PERMANENT GENERAL ASSURANCE CORPORATION

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