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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2024-08-05
Type Cc Cs Admin Order W/ Hrng
Docket 39 entries
Disposition dismiss

Parties

Plaintiff Trais, Fredrick Darnell
Defendant Missouri Department Of Social Services|Armstrong, Tosha Marie
Photo of Hon. Schoeberl Joseph W

Judge

Hon. Schoeberl Joseph W

Jasper County (MO)

Missouri

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Lawyers

Docket Entries

  1. <td></td><td></td><td></td>
  2. Pet Filed in Circuit Ct
  4. ismiss by Ct w/o Prejudice
  5. rder ORDER
  7. ote to Clerk eFiling Filed By: CHRISTINA M. HAMMERS
  8. roposed Order Filed Proposed Order. E-Mailed to Judge Schoeberl. Filed By: CHRISTINA M. HAMMERS On Behalf Of: MISSOURI DEPARTMENT OF SOCIAL SERVICES
  10. ound Recording Log Sheet Recording Log Sheet- 10/22/2024
  11. otion Hearing Held MR. TRVIS APPEARS PRO SE. STATE APPEARS BY ATTORNEY HAMMERS- ASSISTANT ATTORNEY GENERAL. ARGUMENT HEARD. COURT SUSTAINS STATES MOTION TO DISMISS. FINDING THAT THE SPECIFIC LANGUAGE FOUND IN 454.475.5 IS CONTROLLING AS TO WHEN AN APPEAL NEEDS TO BE FILED. LANGUAGE FOUND IN 536.110 REFRENCING PROOF OF DELIVERY OR MAILING IS TO BE INTERPRETED AS MAILING OR DELIVERY BY ALTERNATIVE MEANS SUCH AS FAX OR E-MAIL AND TO OTHERWISE INTERPRET WOULD CREATE CONFLICT WITHIN THE STATUTES AS TO WETHER OR NOT YOU LOOK AT THE EVENT OF MAILING OR THE RECEIPT OF THE MAILING AS MR.TRAVIS WOULD HAVE THE COURT BELIEVE. THIS LEAVES THE QUESTION IF MR.TRAVIS IS ACCURATE IS IT THE EVENT THAT SOONER OCCURRED OR IS IT PERFECTED BY RECEIPT AS LATER OCCURRED. IN HARMONIZING THE STATUTES, THE COURT BELIEVES THE LANGUAGE IN 454.475.5 CONTROLS. FINALLY, AS PER THE LANGUAGE FOUND IN MR. TRAVIS ARGUMENT 536.100 THE COURT BELIEVES THAT THE SPECIFIC LANGUAGE OF THE APPEAL OF SOCIAL SERVICES CONTROLS AND NOT THE GENERAL ADMINISTRATIVE PROVISION FOUND IN 536.100. STATE TO PREPARE FORMAL ORDER FOR SIGNATURE. JWS Associated Entries: 09/16/2024 - Motion Hearing Scheduled Scheduled For: 10/22/2024; 2:00 PM; JOSEPH W SCHOEBERL; Newton
  13. eturned Mail-Undeliverable Returned Mail- Attempted; not known
  15. otice -
  16. etn Serv-Reg/Cert Mail Succs Document ID - 24-SMCM-131; Served To - ARMSTRONG, TOSHA MARIE; Server - ; Served Date - 04-SEP-24; Served Time - 00:00:00; Service Type - Certified Mail; Reason Description - Served
  18. otice of Court Hearing Sent Notice of Hearing Sent to Parties
  19. otion Hearing Scheduled Associated Entries: 10/22/2024 - Motion Hearing Held + Scheduled For: 10/22/2024; 2:00 PM; JOSEPH W SCHOEBERL; Newton
  20. udge/Clerk - Note Motion to Dismiss Set 10/22/2024 at 2:00pm. JWS
  21. udge Assigned Case Assigned to Judge Schoeberl
  22. udge/Clerk - Note Email sent to OSCA for judge assignment. rp
  23. udge/Clerk - Note Sent to PJ's Secretary for Reassignment.
  24. otion Granted/Sustained Motion for Change of Judge is Granted. Case Transferred to OSCA for Reassignment. KLS Associated Entries: 08/28/2024 - Motion for Change of Judge
  25. etn Serv-Reg/Cert Mail Succs Document ID - 24-SMCM-130; Served To - MISSOURI DEPARTMENT OF SOCIAL SERVICES; Server - ; Served Date - 28-AUG-24; Served Time - 16:51:00; Service Type - Certified Mail; Reason Description - Served
  26. ote to Clerk eFiling Filed By: CHRISTINA M. HAMMERS
  27. equest for Hearing Correspondence to Judge Selby. Filed By: CHRISTINA M. HAMMERS On Behalf Of: MISSOURI DEPARTMENT OF SOCIAL SERVICES
  28. otion for Change of Judge Filed By: FREDRICK DARNELL TRAVIS Associated Entries: 09/05/2024 - Motion Granted/Sustained +
  29. ummons Issued-Reg/Cert Mail Document ID: 24-SMCM-131, for ARMSTRONG, TOSHA MARIE. 70222410000219279035
  30. ummons Issued-Reg/Cert Mail Document ID: 24-SMCM-130, for MISSOURI DEPARTMENT OF SOCIAL SERVICES. 70222410000219279301
  31. ote to Clerk eFiling Filed By: CHRISTINA M. HAMMERS
  32. otion to Dismiss State of Missouris Motion to Dismiss Request for Judicial Review of Certification Decision and Order. Filed By: CHRISTINA M. HAMMERS On Behalf Of: MISSOURI DEPARTMENT OF SOCIAL SERVICES
  33. ntry of Appearance Filed Entry of Appearance. Filed By: CHRISTINA M. HAMMERS On Behalf Of: MISSOURI DEPARTMENT OF SOCIAL SERVICES
  34. ummons Req-Serv by Mail Request for Summons and Service Instructions Filed By: FREDRICK DARNELL TRAVIS
  35. eceipt Filed COURT MONEY RECEIPT
  36. eceipt Filed COURT MONEY RECEIPT
  37. onfid Filing Info Sheet Filed Filed By: FREDRICK DARNELL TRAVIS
  38. onfid Filing Info Sheet Filed Filed By: FREDRICK DARNELL TRAVIS
  39. et Filed in Circuit Ct

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