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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2023-04-26
Type Cc Miscellaneous Domestic Rel
Docket 111 entries
Disposition dismissed

Parties

Plaintiff English, Debbie|Allen, Joseph W
Defendant Mcguire, Stephanie|Horn, Michael Kemp|Mcguire, Madris|Bedell, Joshua
Photo of Hon. Merrell Jeffrey M

Judge

Hon. Merrell Jeffrey M

Douglas County (MO)

Missouri

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Docket Entries

  1. <td></td><td></td><td></td>
  2. Dismissed by Parties Associated Entries: 07/28/2023 - Bench Trial Scheduled + Scheduled For: 10/11/2023; 9:00 AM; JEFFREY M MERRELL; Taney
  3. <td></td><td></td><td></td>
  4. Motion to Dismiss Motion to Dismiss; Electronic Filing Certificate of Service.-tm Filed By: JOSEPH W ALLEN On Behalf Of: DEBBIE ENGLISH
  5. <td></td><td></td><td></td>
  6. Motion Denied 8-17-2023 = Petitioner by Atty Allen; Respondent by Atty Horn; G.A.L. Atty Hilton appears not. Hearing on the record. Petitioner's motion to reconsider argued by counsel. Court DENIES Petitioner's motion to reconsider. Case remains scheduled for trial; So Ordered --JMM,tm Associated Entries: 08/08/2023 - Motion Hearing Scheduled Scheduled For: 08/17/2023; 9:00 AM; JEFFREY M MERRELL; Taney
  7. <td></td><td></td><td></td>
  8. Motion for Continuance Respondents Motion to Continue; Electronic Filing Certificate of Service. Filed By: MICHAEL KEMP HORN On Behalf Of: STEPHANIE MCGUIRE
  9. Notice of Hearing Filed Respondents Notice of Hearing; Electronic Filing Certificate of Service. Filed By: MICHAEL KEMP HORN On Behalf Of: STEPHANIE MCGUIRE
  10. <td></td><td></td><td></td>
  11. Motion Hearing Scheduled Associated Entries: 08/17/2023 - Motion Denied + Scheduled For: 08/17/2023; 9:00 AM; JEFFREY M MERRELL; Taney
  12. <td></td><td></td><td></td>
  13. Notice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: JOSEPH W ALLEN On Behalf Of: DEBBIE ENGLISH
  14. Motion to Reconsider Motion to Reconsider; Electronic Filing Certificate of Service. Filed By: JOSEPH W ALLEN On Behalf Of: DEBBIE ENGLISH
  15. <td></td><td></td><td></td>
  16. Order Order signed by Judge
  17. <td></td><td></td><td></td>
  18. Hearing Held 8-01-2023 = Petitioner with Atty Allen; Respondent with Atty Horn; Atty Hilton appears as guardian ad litem. Case comes before the Court on Petitioner's motion for temporary custody. Hearing on the record. The Court addresses all parties and counsel as to the understanding of the burden of proof relating to third-party custody and visitation. Respondent makes an oral motion for continuance. Respondent's oral motion for continuance is DENIED. Petitioner Debbie English is sworn and testifies in support of her motion for temporary custody. Court takes judicial notice of Case #1931-CR05136-01, without objection. Court takes judicial notice of Case #2346-CR00504-01, without objection. Court took a brief recess. Cross-examination by Atty Horn. Cross-examination by Atty Hilton. No re-direct examination. Myah Paige is sworn and testifies. Cross-examination by Atty Horn. Cross-examination by Atty Hilton. No re-direct examination. Re-cross examination by Atty Horn. No further examination by the attorneys. Atty Debra Hilton is sworn and testifies in her capacity as guardian ad litem. Cross-examination by Atty Horn. Re-direct examination by Atty Allen. Re-cross exam by Atty Horn. Atty Hilton makes a statement to the Court while under oath. Petitioner Debbie English is re-called, and still being under oath, testifies in support of her motion. Cross-exam by Atty Horn. Re-direct by Atty Allen. Petitioner rests. Respondent orally moves for the Court to deny Petitioners' motion for temporary custody, alleging that Petitioner has not met her burden of proof. The Court agrees that the Petition has failed to meet her burden of proof as set forth in Section 452.375.5, RSMo, and current Missouri precedent relating to third-party custody and visitation, in that Petitioner has failed to rebut the presumption that Respondent - the children's natural mother - is fit and suitable to make decisions consistent with the children's welfare and best interests. Therefore, this Court DENIES Petitioner's motion for temporary custody. A brief recess was taken. Court resumed and calendars were consulted. Bench Trial remains scheduled for Oct. 11, 2023 @ 9 a.m. So Ordered --JMM/rg Associated Entries: 07/28/2023 - Hearing Scheduled + Scheduled For: 08/01/2023; 1:00 PM; JEFFREY M MERRELL; Taney
  19. <td></td><td></td><td></td>
  20. Hearing Scheduled Emergency guardianship hearing. /rg Associated Entries: 08/01/2023 - Hearing Held + Scheduled For: 08/01/2023; 1:00 PM; JEFFREY M MERRELL; Taney
  21. Bench Trial Scheduled Bench Trial. /rg Associated Entries: 10/10/2023 - Dismissed by Parties Scheduled For: 10/11/2023; 9:00 AM; JEFFREY M MERRELL; Taney
  22. <td></td><td></td><td></td>
  23. Motion Hearing Held 7-27-2023 = Petitioner by Atty Allen; no one else appears. Case scheduled for a Bench Trial beginning on Oct. 11, 2023 @ 9 a.m. Court SUSTAINS Atty Hilton's motion to order payment of additional guardian ad litem fees, and the Court orders Petitioner and Respondent to each deposit with the Circuit Court Clerk's office $1,000.00 within the next 30 days. Case scheduled for evidentiary hearing on Petitioner's motion for emergency guardianship on Aug. 1, 2023 @ 1 p.m. Respondent's motion for leave to file answer out-of-time is SUSTAINED, without objection and shown filed. So Ordered --JMM/rg Associated Entries: 07/13/2023 - Motion Hearing Scheduled Scheduled For: 07/27/2023; 9:00 AM; JEFFREY M MERRELL; Taney
  24. <td></td><td></td><td></td>
  25. Answer Filed Respondent's Answer filed. /rg Filed By: MICHAEL KEMP HORN
  26. Notice of Hearing Filed Notice of Motion Hearing; Electronic Filing Certificate of Service. /rg Filed By: MICHAEL KEMP HORN On Behalf Of: STEPHANIE MCGUIRE
  27. Motion to Shorten Time Respondent's Motion to Shorten Time; Electronic Filing Certificate of Service. /rg Filed By: MICHAEL KEMP HORN On Behalf Of: STEPHANIE MCGUIRE
  28. Mot for Leave to File Out/Time Respondent's Motion for Leave to File Answer Out of Time. /rg Filed By: MICHAEL KEMP HORN On Behalf Of: STEPHANIE MCGUIRE
  29. <td></td><td></td><td></td>
  30. Available/Conflict Dates Filed Available Dates; Electronic Filing Certificate of Service. /cb Filed By: DEBRA R HILTON On Behalf Of: DEBRA R HILTON
  31. CRIFS/Unredacted Document Confidential Redacted Information Filing Sheet; Motion for Deposit of Additional Guardian ad Litem Fees; Electronic Filing Certificate of Service in associated to Attorney Fees filed on 07/20/2023. /cb Filed By: DEBRA R HILTON On Behalf Of: DEBRA R HILTON
  32. Motion for Attorney's Fees Motion for Deposit of Additional Guardian ad Litem Fees; Electronic Filing Certificate of Service. /cb Filed By: DEBRA R HILTON On Behalf Of: DEBRA R HILTON
  33. Notice of Hearing Filed Notice of Hearing on 07-27-2023 at 9:00 a.m.; Electronic Filing Certificate of Service. /cb Filed By: DEBRA R HILTON On Behalf Of: DEBRA R HILTON
  34. <td></td><td></td><td></td>
  35. Returned Mail-Undeliverable
  36. <td></td><td></td><td></td>
  37. Available/Conflict Dates Filed MKH Dates of Availability; Electronic Filing Certificate of Service. /cb Filed By: MICHAEL KEMP HORN On Behalf Of: STEPHANIE MCGUIRE
  38. Motion Hearing Scheduled Associated Entries: 07/27/2023 - Motion Hearing Held + Scheduled For: 07/27/2023; 9:00 AM; JEFFREY M MERRELL; Taney
  39. <td></td><td></td><td></td>
  40. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: MICHAEL KEMP HORN On Behalf Of: STEPHANIE MCGUIRE
  41. <td></td><td></td><td></td>
  42. Certificate of Service Notice of Rule 43 Service; Electronic Filing Certificate of Service. Filed By: JOSEPH W ALLEN On Behalf Of: DEBBIE ENGLISH
  43. Notice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: JOSEPH W ALLEN On Behalf Of: DEBBIE ENGLISH
  44. Motion for Trial Setting Motion for Trial Setting; Electronic Filing Certificate of Service. Filed By: JOSEPH W ALLEN On Behalf Of: DEBBIE ENGLISH
  45. <td></td><td></td><td></td>
  46. Judge Assigned Judge Merrell will retain case. Counsel should file a notice of hearing for purposes of obtaining trial setting. Clerk to notify parties; So Ordered. Judge Merrell/cb Filed By: JEFFREY M MERRELL
  47. <td></td><td></td><td></td>
  48. Judge Recuses Court is in receipt of attorney Allen motion request for an emergency hearing. This court cannot accommodate emergency hearing request at this time. Court finds it is necessary to recuse from this case due to lack of appropriate docket time to accommodate this case. Per local court rules case is reassigned to Judge Merrell for retention or for reassignment. - RTY /cb
  49. <td></td><td></td><td></td>
  50. Note to Clerk eFiling Filed By: JOSEPH W ALLEN
  51. Request for Hearing Request for Hearing; Electronic Filing Certificate of Service. /cb Filed By: JOSEPH W ALLEN
  52. <td></td><td></td><td></td>
  53. Proposed Order Filed Proposed order to withdraw. Put in Judges review folder. /rc
  54. <td></td><td></td><td></td>
  55. Note to Clerk eFiling Filed By: RODNEY E DANIELS
  56. Motion to Withdraw Motion to Withdraw; Order to Withdraw; Electronic Filing Certificate of Service. Filed By: RODNEY E DANIELS On Behalf Of: STEPHANIE MCGUIRE
  57. Hearing Held Parties appear. Attorneys J. Allen, R. Daniels, and D. Hilton appear. Arguments heard regarding Petitioner's motion to disqualify counsel. Court grants motion and Attorney R. Daniels is disqualified by the court. RTY /cb Associated Entries: 05/31/2023 - Motion Hearing Scheduled Scheduled For: 06/15/2023; 2:00 PM; RENEE TIFFANY YARNELL; Taney
  58. <td></td><td></td><td></td>
  59. Answer Filed Answer to Motion to Dismiss; Electronic Filing Certificate of Service in response to Dismiss (motion) filed on 05/29/2023. Filed By: JOSEPH W ALLEN On Behalf Of: STEPHANIE MCGUIRE
  60. <td></td><td></td><td></td>
  61. Motion Hearing Scheduled Associated Entries: 06/15/2023 - Hearing Held + Scheduled For: 06/15/2023; 2:00 PM; RENEE TIFFANY YARNELL; Taney
  62. Notice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. /rg Filed By: JOSEPH W ALLEN On Behalf Of: DEBBIE ENGLISH
  63. <td></td><td></td><td></td>
  64. Motion to Disqualify Petitioner's Motion to Disqualify Counsel; Electronic Filing Certificate of Service. /rg Filed By: JOSEPH W ALLEN On Behalf Of: DEBBIE ENGLISH
  65. <td></td><td></td><td></td>
  66. Motion to Dismiss Motion to Dismiss; Electronic Filing Certificate of Service.-tm Filed By: RODNEY E DANIELS On Behalf Of: STEPHANIE MCGUIRE Associated Entries: 04/26/2023 - Petition Filed - Domestic Rel +
  67. <td></td><td></td><td></td>
  68. Judge Assigned
  69. <td></td><td></td><td></td>
  70. Hearing Held Allen appears. Debra Hilton is appointed as GAL in this case. Court recuses on its motion. There is a guardianship case associated with the parties. Judge Yarnell is in that case as well. Judge Eighmy/lw Associated Entries: 05/10/2023 - Motion Hearing Scheduled Scheduled For: 05/11/2023; 9:00 AM; ERIC DELL EIGHMY; Taney
  71. Judge Assigned Judge Yarnell assigned by Local Court rule: So ordered. Judge Merrell/lw
  72. <td></td><td></td><td></td>
  73. Motion Hearing Scheduled Associated Entries: 05/11/2023 - Hearing Held + Scheduled For: 05/11/2023; 9:00 AM; ERIC DELL EIGHMY; Taney
  74. <td></td><td></td><td></td>
  75. Summons Personally Served Document ID - 23-SM32-54; Served To - JOSHUA BEDELL; Served Date - 05/04/2023; Served Time - 14:00:00; Service Type - SD; Reason Description - SERV; Service Text -
  76. Certificate of Service Certificate of Service upon all Unrepresented Parties per MSCR 43,01. /cb Filed By: JOSEPH W ALLEN On Behalf Of: DEBBIE ENGLISH
  77. Motion to Shorten Time Motion to Shorten Time. /cb Filed By: JOSEPH W ALLEN On Behalf Of: DEBBIE ENGLISH
  78. Notice of Hearing Filed Notice of Hearing on 05-11-2023 at 9:00 a.m. /cb Filed By: JOSEPH W ALLEN On Behalf Of: DEBBIE ENGLISH
  79. Notice of Service Notice of Service of Summons on Natural Father. /cb Filed By: JOSEPH W ALLEN On Behalf Of: DEBBIE ENGLISH
  80. <td></td><td></td><td></td>
  81. Summons Personally Served Document ID - 23-SM32-53; Served To - MCGUIRE, MADRIS; Server - ; Served Date - 27-APR-23; Served Time - 00:00:00; Service Type - Sheriff Department; Reason Description - Served
  82. Note to Clerk eFiling Filed By: JOSEPH W ALLEN
  83. Motion Filed Motion to Recuse. Filed By: JOSEPH W ALLEN On Behalf Of: DEBBIE ENGLISH
  84. Order Court takes no action on the Motion and proposed order for GAL and temporary custody and visitation. Judge Eighmy/lw
  85. Notice of Service Notice of Service on Natural Mother. Filed By: JOSEPH W ALLEN On Behalf Of: DEBBIE ENGLISH
  86. <td></td><td></td><td></td>
  87. Motion Filed Emergency Motion for Temporary Orders of Custody and Visitation./lw Filed By: JOSEPH W ALLEN On Behalf Of: DEBBIE ENGLISH
  88. Note to Clerk eFiling Filed By: JOSEPH W ALLEN
  89. Request Filed Request for Order Sua Sponte or in the Alternative Request for Expedited Hearing. Filed By: JOSEPH W ALLEN On Behalf Of: DEBBIE ENGLISH
  90. Proposed Order Filed Proposed Order Appointing Guardian ad Litem. Put in Judge's folder for review/lw Filed By: JOSEPH W ALLEN
  91. Motion Filed Amended Motion for Appointment of Guardian ad Litem. Filed By: JOSEPH W ALLEN
  92. Summons Issued-Circuit Document ID: 23-SM32-54, for BEDELL, JOSHUA.
  93. Summons Issued-Circuit Document ID: 23-SM32-53, for MCGUIRE, MADRIS.
  94. Summons Issued-Circuit Document ID: 23-SM32-52, for MCGUIRE, STEPHANIE.
  95. Order - Special Process Server
  96. Order - Special Process Server
  97. Order - Special Process Server
  98. <td></td><td></td><td></td>
  99. Filing Info Sheet eFiling Filed By: JOSEPH W ALLEN
  100. Request Filed Request for Summons Natural Mother./lw Filed By: JOSEPH W ALLEN On Behalf Of: DEBBIE ENGLISH
  101. Request Filed Request for Summons Natural Father./lw Filed By: JOSEPH W ALLEN
  102. Request Filed Request for Summons Natural Father./lw Filed By: JOSEPH W ALLEN
  103. Proposed Order Filed Order Appointing Next Friend./lw Filed By: JOSEPH W ALLEN
  104. Motion Special Process Server Motion for Special Process Server for Natural Father; Order Appointing Special Process Server. Filed By: JOSEPH W ALLEN
  105. Motion Special Process Server Motion for Special Process Server for Natural Father; Order Appointing Special Process Server. Filed By: JOSEPH W ALLEN
  106. Motion Special Process Server Motion for Special Process Server for Natural Mother; Order Appointing Special Process Server. Filed By: JOSEPH W ALLEN
  107. Motion for Appointment of GAL Motion to Appoint Guardian ad Litem. Filed By: JOSEPH W ALLEN
  108. Confid Filing Info Sheet Filed Confidential Case Information Filing Sheet. Filed By: JOSEPH W ALLEN
  109. Application Filed Application for Appointment of Next Friend./lw Filed By: JOSEPH W ALLEN
  110. Consent Filed Consent to Act as Next Friend./lw Filed By: JOSEPH W ALLEN
  111. Petition Filed - Domestic Rel Petition for Third Party Custody./lw Filed By: JOSEPH W ALLEN Associated Entries: 05/29/2023 - Motion to Dismiss +

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