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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Labarbera v. Malec, 540 S.W.3d 903 (2018)

Citation
Labarbera v. Malec, 540 S.W.3d 903 (2018)
Parent Document
Labarbera v. Malec, 540 S.W.3d 903 (2018)
Jurisdiction
Missouri (state)
Effective Date
2018-03-06

Full Text

904 chars
The trial court's judgment reflects Eleanora Pacanowski as the named party-defendant. Once the DAL was appointed, however, the DAL became the defendant and should have been substituted as the named party-defendant. The parties agreed at oral argument the judgment should be amended to reflect the DAL as the party-defendant. Pursuant to Rule 84.143 we have the power to give such judgment as the court ought to give and shall dispose finally of the case unless justice otherwise requires. Accordingly, we modify the judgment so that the named party-defendant is corrected to "JOHN MALEC, in his capacity as Defendant ad litem for Eleanora G. Pacanowski, Deceased, Defendant." See Wilkerson v. Williams , 141 S.W.3d 530, 536-37 (Mo. App. S.D. 2004) (modifying the judgment to reflect the defendant ad litem as the named party-defendant where the deceased defendant was listed as the defendant). Conclusion