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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2023-03-16
Type Pr Miscellaneous Trust
Docket 95 entries

Parties

Plaintiff Comerica Bank & Trust N.a.|Hamburg, Brian Eric|Rhea, Ann Carroll|Hamburg, Brian Eric|Wooten, Daniel Keith
Defendant Rhea, Ann Carroll|Carroll, Chris E|Rhea, Brian|Anderson, Meredith Rhea|Rousseau, Claire|Wooten, Daniel Keith
Photo of Hon. Aiken Carol T

Judge

Hon. Aiken Carol T

Missouri

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Docket Entries

  1. <td></td><td></td><td></td>
  2. Judge Assigned Case transferred to Judge Christensen per direction of Presiding Judge Jerry A. Harmison, Jr.
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  4. Probate Ord Close File Misc Case closed pursuant to Judgment entered on 8/29/23.
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  6. Judgment Entered Judgement to Construe Trust, For Instructions and For Determination
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  8. Proposed Order Filed Proposed Judgment; Electronic Filing Certificate of Service. Filed By: DANIEL KEITH WOOTEN On Behalf Of: ANN CARROLL RHEA, ANN CARROLL RHEA
  9. <td></td><td></td><td></td>
  10. Trial Setting Held Hearing held on Co-Trustees' Petition to Construe Trust and for Instructions and on Respondent Ann Rhea's Counter-Petition. Attorney Brian Hamburg appears with Ann Rhea, Co-Trustee and on behalf of Co-Trustee Comerica Bank & Trust, N.A. Attorney Dan Wooten appears with Respondent/Counter-Petitioner Ann Rhea in her individual capacity. Respondent Chris Carroll appears in person. Court finds that the Carroll Trust, as last amended, provides for only one separate 30% share for the benefit of Chris Carroll. Court also finds that the first names used in Petitioners' Exhibit 5 should be interpreted as follows: "Ann" mean Ann Rhea; "Chris" means Chris Carroll; "Brian" means Brian Rhea; "Meredith" means Meredith Anderson; and "Claire" means Claire Rousseau. Court allows the fees expended by Ann Rhea in her individual capacity as set forth in Exhibit 11 to be paid out of the trust. Attorneys to submit proposed judgment to include proposed findings of fact and conclusions of law. Attorney to retrieve exhibits within 7 days. CTA/rm Associated Entries: 03/16/2023 - Trust Case Filed + Associated Entries: 06/21/2023 - Hearing Continued/Rescheduled Associated Entries: 06/21/2023 - Trial Setting Scheduled + Scheduled For: 08/16/2023; 9:00 AM; CAROL T AIKEN; Greene
  11. <td></td><td></td><td></td>
  12. Exhibit Filed Exhibit Index of Petitioners; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: COMERICA BANK & TRUST N.A., ANN CARROLL RHEA, ANN CARROLL RHEA
  13. Request Filed Request for Findings of Facts and Conclusions of Law; Electronic Filing Certificate of Service. Filed By: DANIEL KEITH WOOTEN On Behalf Of: ANN CARROLL RHEA, ANN CARROLL RHEA
  14. <td></td><td></td><td></td>
  15. Certification of Deposition Certificate of Officer and Statement of Deposition Charges filed Filed By: DANIEL KEITH WOOTEN Associated Entries: 07/06/2023 - Notice to Take Deposition +
  16. <td></td><td></td><td></td>
  17. Order Stipulated Protective Order
  18. Hearing Held Hearing held on a Motion to Quash. Attorneys Brian Hamburg, Dan Wooten and Scott Smith appear by Webex. Court to enter Stipulated Protective Order. CTA/rm Associated Entries: 07/03/2023 - Motion to Quash + Associated Entries: 07/07/2023 - Hearing Scheduled Scheduled For: 07/18/2023; 2:30 PM; CAROL T AIKEN; Greene
  19. Motion for Protective Order Stipulated Protective Order; Electronic Filing Certificate of Service. Filed By: SCOTT SMITH
  20. <td></td><td></td><td></td>
  21. Reply Reply to Defendant Ann Rheas Suggestions in Opposition to Motion to Qu; Electronic Filing Certificate of Service. Filed By: AUSTIN E WILLIAMSON
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  23. Suggestions in Opposition Suggestions in Opposition to Motion to Quash Subpoenas; Electronic Filing Certificate of Service. Filed By: DANIEL KEITH WOOTEN On Behalf Of: ANN CARROLL RHEA, ANN CARROLL RHEA
  24. <td></td><td></td><td></td>
  25. Entry of Appearance Filed Entry of Appearance - Austin Williamson; Electronic Filing Certificate of Service. Filed By: AUSTIN E WILLIAMSON
  26. Hearing Scheduled Associated Entries: 07/18/2023 - Hearing Held + Scheduled For: 07/18/2023; 2:30 PM; CAROL T AIKEN; Greene
  27. <td></td><td></td><td></td>
  28. Correspondence Filed Letter to Commissioner Aiken; Electronic Filing Certificate of Service. Filed By: SCOTT SMITH
  29. Correspondence Filed Correspondence to Commissioner Aiken; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG
  30. Notice to Take Deposition Notice of Deposition; Subpoena; Electronic Filing Certificate of Service. Filed By: DANIEL KEITH WOOTEN On Behalf Of: ANN CARROLL RHEA, ANN CARROLL RHEA Associated Entries: 08/07/2023 - Certification of Deposition +
  31. Correspondence Filed Correspondence to Commissioner Aiken; Electronic Filing Certificate of Service. Filed By: DANIEL KEITH WOOTEN On Behalf Of: ANN CARROLL RHEA, ANN CARROLL RHEA
  32. Answer Filed Answer of Petitioners to Counter-Petition of Ann Rhea, Individually; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: COMERICA BANK & TRUST N.A.
  33. Judge/Clerk - Note Court is in receipt of in camera documents filed by Rooney McBride and Smith. They have not been reviewed pending the hearing on the Motion to Quash. CTA/rm
  34. Motion Granted/Sustained Court to set Motion to Quash Subpoenas for hearing. Parties may appear by Webex. Attorneys to provide available dates and times for the next ten days. CTA/rm
  35. <td></td><td></td><td></td>
  36. Motion to Quash Heather Rooney McBride and Rooney McBride Smith, LLCs Motion to Quash Subpoenas; Exhibit 1; Exhibit 2; Exhibit 3; Electronic Filing Certificate of Service. Filed By: SCOTT SMITH On Behalf Of: LEO W CARROLL JR Associated Entries: 07/18/2023 - Hearing Held +
  37. Entry of Appearance Filed Entry of Appearance - Scott Smith; Electronic Filing Certificate of Service. Filed By: SCOTT SMITH On Behalf Of: LEO W CARROLL JR
  38. <td></td><td></td><td></td>
  39. Notice of Service Notice of Service of Subpoena; Subpoena; Electronic Filing Certificate of Service. Filed By: DANIEL KEITH WOOTEN On Behalf Of: ANN CARROLL RHEA
  40. <td></td><td></td><td></td>
  41. Trial Setting Scheduled Court sets matter for trial on 8/16/2023 at 9:00 a.m. CTA/rm Associated Entries: 08/16/2023 - Trial Setting Held + Scheduled For: 08/16/2023; 9:00 AM; CAROL T AIKEN; Greene
  42. Hearing Continued/Rescheduled Associated Entries: 06/21/2023 - Trial Setting Scheduled + Associated Entries: 08/16/2023 - Trial Setting Held + Hearing Continued From: 08/16/2023; 8:00 AM Trial Setting
  43. Trial Setting Scheduled TRIAL TIME ENTERED IN ERROR. SEE SCTS SCHEDULED FOR 09:00AM. Associated Entries: 06/21/2023 - Hearing Continued/Rescheduled Scheduled For: 08/16/2023; 8:00 AM; CAROL T AIKEN; Greene
  44. Available/Conflict Dates Filed Correspondence to Court providing available trial dates; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: COMERICA BANK & TRUST N.A., ANN CARROLL RHEA
  45. <td></td><td></td><td></td>
  46. Available/Conflict Dates Filed Correspondence to Commissioner Aiken; Electronic Filing Certificate of Service. Filed By: DANIEL KEITH WOOTEN On Behalf Of: ANN CARROLL RHEA
  47. <td></td><td></td><td></td>
  48. Order Order - Interlocutory Order and Judgment Pursuant to RSMO. 456.4-420
  49. Order Approved Order for Civil Motions to Apply
  50. Judge/Clerk - Note Attorneys to provide available dates for trial for the months of August and September 2023. CTA/rm
  51. Proposed Order Filed Filed By: BRIAN ERIC HAMBURG On Behalf Of: COMERICA BANK & TRUST N.A., ANN CARROLL RHEA
  52. <td></td><td></td><td></td>
  53. Request Filed Request for Trial Setting; Electronic Filing Certificate of Service. Filed By: DANIEL KEITH WOOTEN On Behalf Of: ANN CARROLL RHEA
  54. Proposed Order Filed Proposed Order on Motion for Civil Rules to Apply; Electronic Filing Certificate of Service. Filed By: DANIEL KEITH WOOTEN
  55. Motion Filed Motion for Civil Rules to Apply; Electronic Filing Certificate of Service. Filed By: DANIEL KEITH WOOTEN
  56. <td></td><td></td><td></td>
  57. Notice of Service Notice of Service of Subpoena; Subpoena with Exhibit A; Electronic Filing Certificate of Service. Filed By: DANIEL KEITH WOOTEN On Behalf Of: ANN CARROLL RHEA
  58. <td></td><td></td><td></td>
  59. Answer Filed Answer and Counter-Petition; Electronic Filing Certificate of Service. Filed By: DANIEL KEITH WOOTEN On Behalf Of: ANN CARROLL RHEA
  60. <td></td><td></td><td></td>
  61. Judgment Entered Judgment Confirming the Orders, Judgments and Decrees of Commissioner for the week ending 5/26/2023.
  62. <td></td><td></td><td></td>
  63. Request Filed Request for Confirming Order from Circuit Judge; Electronic Filing Certificate of Service. Filed By: DANIEL KEITH WOOTEN On Behalf Of: ANN CARROLL RHEA
  64. <td></td><td></td><td></td>
  65. Interlocutory/Partial Judmt Interlocutory Order and Judgment Pursuant to RSMo. 456.4-420 mailed to any unrepresented party.
  66. <td></td><td></td><td></td>
  67. Proposed Order Filed Proposed Interlocutory Order and Judgment Pursuant to RSMo 456.4-420; Electronic Filing Certificate of Service. Filed By: DANIEL KEITH WOOTEN On Behalf Of: ANN CARROLL RHEA
  68. <td></td><td></td><td></td>
  69. Judge/Clerk - Note Court finds that the Petition filed by Commerce Bank and Ann Rhea, Co-Trustees, does not violate any provision of the "no-contest" clause contained in the Carroll trust. Attorney Hamburg to file proposed interlocutory order. In addition, the court finds that the proposed Answer and Counterclaim filed by Respondent Ann Rhea, in her individual capacity, does not trigger the no-contest clause contained in the Carroll Trust. Court allows Respondent Ann Rhea to file answer and counterclaim out of time. Attorney Wooten to file proposed interlocutory order.CTA/rm
  70. <td></td><td></td><td></td>
  71. Hearing Held Hearing held on Count I of Co-Trustees' Petition and on a Petition and Motion filed by Ann Rhea in her individual capacity. Attorney Brian Hamburg appears on behalf of the Co-Trustees, Comerica Bank & Trust and Ann Rhea. Attorney Daniel Wooten appears on behalf of Ann Rhea, in her individual capacity. Court takes matters under advisement CTA/rm Associated Entries: 04/27/2023 - Hearing Scheduled Scheduled For: 05/11/2023; 10:00 AM; CAROL T AIKEN; Greene
  72. <td></td><td></td><td></td>
  73. Hearing Scheduled Associated Entries: 05/11/2023 - Hearing Held + Scheduled For: 05/11/2023; 10:00 AM; CAROL T AIKEN; Greene
  74. Correspondence Filed Correspondence to Commissioner Aiken - hearing request. Filed By: BRIAN ERIC HAMBURG On Behalf Of: COMERICA BANK & TRUST N.A., ANN CARROLL RHEA
  75. <td></td><td></td><td></td>
  76. Petition Petition Under RSMo 456.4-4.20 and Contingent Motion for Leave to File Answer and Counter-Petition Out of Time; Exhibit A - Rhea Answer and Counter-Petition; Electronic Filing Certificate of Service. Filed By: DANIEL KEITH WOOTEN On Behalf Of: ANN CARROLL RHEA
  77. <td></td><td></td><td></td>
  78. Waiver of Service Notice and Acknowledgment for Service by Mail of Respondent Ann Carroll Rhea. Filed By: BRIAN ERIC HAMBURG On Behalf Of: COMERICA BANK & TRUST N.A., ANN CARROLL RHEA
  79. <td></td><td></td><td></td>
  80. Waiver of Service Acknowledgment of Petition and Waiver of Service of Respondent Meredith Rhea Anderson. Filed By: BRIAN ERIC HAMBURG On Behalf Of: COMERICA BANK & TRUST N.A., ANN CARROLL RHEA
  81. Waiver of Service Acknowledgment of Petition and Waiver of Service of Respondent Claire Rousseau. Filed By: BRIAN ERIC HAMBURG
  82. Waiver of Service Acknowledgment of Petition and Waiver of Service of Respondent Brian Rhea. Filed By: BRIAN ERIC HAMBURG
  83. <td></td><td></td><td></td>
  84. Summons Issued-Circuit Document ID: 23-SMOS-60, for RHEA, ANN CARROLL.Summons saved and attached in PDF format for Attorney to retrieve from secure case.net.
  85. Summons Personally Served Document ID - 23-SMCC-753; Served To - CARROLL, CHRIS E; Server - John Birmingham; Served Date - 25-MAR-23; Served Time - 18:30:00; Service Type - Special Process Server; Reason Description - Served Associated Entries: 03/27/2023 - Notice of Service +
  86. <td></td><td></td><td></td>
  87. Notice of Service Servers Return of Service on Respondent Chris Carroll on March 25, 2023. Filed By: BRIAN ERIC HAMBURG On Behalf Of: COMERICA BANK & TRUST N.A., ANN CARROLL RHEA Associated Entries: 03/28/2023 - Summons Personally Served +
  88. <td></td><td></td><td></td>
  89. Order - Special Process Server Associated Entries: 03/16/2023 - Motion Special Process Server +
  90. Summons Issued-Circuit Document ID: 23-SMCC-753, for CARROLL, CHRIS E.Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./
  91. <td></td><td></td><td></td>
  92. PR Costs - Trusts Filed By: BRIAN ERIC HAMBURG
  93. Filing Info Sheet eFiling Filed By: BRIAN ERIC HAMBURG
  94. Motion Special Process Server Request for Appointment of Special Process Server; Proposed Order - Appointing Special Process Server. Filed By: BRIAN ERIC HAMBURG Associated Entries: 03/22/2023 - Order - Special Process Server
  95. Trust Case Filed Co-Trustees Petition to Construe Trust, For Instructions and For Determination Under Section 456.4-420 RSMO; Exhibit 1 to Petition; Exhibit 2 to Petition; Exhibit 3 to Petition; Exhibit 4 to Petition; Exhibit 5 to Petition; Exhibit 6 to Petition. Filed By: BRIAN ERIC HAMBURG Associated Entries: 08/16/2023 - Trial Setting Held +

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