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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2024-05-31
Type Cc Wrongful Death
Docket 19 entries
Disposition tried by court-civil

Parties

Plaintiff Burr, Patty|Blake, Paul D|Trahan, Dixie|Forshee, Gregory|Forshee, Daid|Blake, Michael|Blake, Samuel|Blake, Scott
Defendant Blake, Mary J
Photo of Hon. Christensen, Joshua Boyd

Judge

Hon. Christensen, Joshua Boyd

Missouri

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Lawyers

Docket Entries

  1. <td></td><td></td><td></td>
  2. Order for Change of Judge The Court is in receipt of Defendant's Application for Change of Judge timely-filed on June 4, 2024, and the same is hereby GRANTED; case to be reassigned. // DAA Associated Entries: 06/04/2024 - Motion for Change of Judge +
  3. Motion for Change of Judge Defendants Application for Change of Judge. Filed By: PAUL DAVID LINK On Behalf Of: MARY J BLAKE Associated Entries: 06/04/2024 - Order for Change of Judge +
  4. <td></td><td></td><td></td>
  5. Filing Info Sheet eFiling
  6. CRIFS/Unredacted Document Confidential Case Filing Information in associated to Circuit Court filed on 05/31/2024./kj On Behalf Of: MARY J BLAKE Associated Entries: 05/31/2024 - Pet Filed in Circuit Ct +
  7. roposed Order Filed Proposed Judgment Approving Settlement; Electronic Filing Certificate of Service. /lnp Filed By: PAUL DAVID LINK On Behalf Of: PATTY BURR, PAUL D BLAKE, DIXIE TRAHAN, GREGORY FORSHEE, DAVID FORSHEE, MICHAEL BLAKE, SAMUEL BLAKE, SCOTT BLAKE, MARY J BLAKE
  9. rder Order Appointing Defendant Ad Litem entered. JBC/lnp
  10. otion Hearing Held Plaintiffs Patty Burr and Paul Blake in person. Atty Kirk appears. Oral motion made for substitution of parties and appointment of defendant ad litem under RSMo 537.021; same is granted. Defendant ad litem Sarah J. West approved and appointed as Defendant ad Litem for Mary J. Blake. Defendant ad litem appears in person and consents to appointment. Parties announce ready. Testimony presented and evidence adduced. Proposed settlement approved and apportionment granted as set forth in application. Defendant's counsel to submit proposed formal order. Court Reporter: R. Sobaski. JBC/lnp Associated Entries: 07/22/2024 - Motion Hearing Scheduled Scheduled For: 08/28/2024; 1:30 PM; JOSHUA BOYD CHRISTENSEN; Greene
  11. udge/Clerk - Note Court reviews file in advance of hearing scheduled for this date and notes that action purports to be against an individual, Mary Jane Blake, who is reported (in the Joint Application for Approval of Wrongful Death Settlement) to be deceased. Counsel are advised that a showing of this Court' jurisdiction to act, and counsel's ability to represent Defendant, will be necessary before any other proceedings in this matter. As to the issue of jurisdiction, "Courts have jurisdiction to render judgments only for or against viable entities and a dead person is not a viable entity." Cone v. Missouri Dep't of Soc. Servs., 227 S.W.3d 540, 542 (Mo. App. S.D. 2007) (citing Rowland v. Rowland, 121 S.W.3d 555, 556 (Mo. App. E.D. 2003)); see also Richie v. Laususe, 892 S.W.2d 746, 748 (Mo. App. E.D. 1994) ("[I]t is basic that the capacity to be sued exists only in persons in being and a suit filed against a dead person does not invoke the jurisdiction of the court.") (citing Taylor v. Coe, 675 S.W.2d 148, 152 (Mo. App. S.D. 1984)). As to the further issue of counsel's representation of a deceased Defendant, Court notes that "The general rule is that the relationship between an attorney and client in a lawsuit is one of agency, and that upon the death of the client, that relationship terminates, with all authority incidental thereto, and the attorneys have no authority to take any further steps whatsoever in behalf of the deceased party unless and until authorized by the personal representatives of the deceased, duly qualified." State ex rel. White v. Terte, 293 S.W.2d 6, 10 (Mo. App. 1956); see also State ex rel. Upjohn Co. v. Belt, 844 S.W.2d 467, 470 (Mo. App. W.D. 1992) (discussing termination of an attorney's ability to represent or otherwise act for a client upon death). Counsel may elect to address issues at the currently scheduled hearing or request to postpone hearing to allow time to address these issues first. Division Clerk to email notice of this entry to counsel. JBC/lnp
  12. otion Hearing Scheduled Associated Entries: 08/28/2024 - Motion Hearing Held + Scheduled For: 08/28/2024; 1:30 PM; JOSHUA BOYD CHRISTENSEN; Greene
  13. otice of Hearing Filed Notice of Hearing on Wrongful Death Settlement; Electronic Filing Certificate of Service. Set for hearing August 28, 2024 at 1:30 p.m. Filed By: DENNIS DEAN KIRK On Behalf Of: MARY J BLAKE
  14. ntry of Appearance Filed Entry of Appearance DDK; Electronic Filing Certificate of Service. Filed By: DENNIS DEAN KIRK On Behalf Of: MARY J BLAKE
  15. udge Assigned Case transferred to Division 6. Sent to Court on 06/06/2024 at 0904. /jj
  16. rder for Change of Judge The Court is in receipt of Defendant's Application for Change of Judge timely-filed on June 4, 2024, and the same is hereby GRANTED; case to be reassigned. // DAA Associated Entries: 06/04/2024 - Motion for Change of Judge +
  17. otion for Change of Judge Defendants Application for Change of Judge. Filed By: PAUL DAVID LINK On Behalf Of: MARY J BLAKE Associated Entries: 06/04/2024 - Order for Change of Judge +
  18. iling Info Sheet eFiling
  19. RIFS/Unredacted Document Confidential Case Filing Information in associated to Circuit Court filed on 05/31/2024./kj On Behalf Of: MARY J BLAKE Associated Entries: 05/31/2024 - Pet Filed in Circuit Ct +

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