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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 517

Citation
Section 517
Parent Document
Rahman v. Matador Villa Associates, 821 S.W.2d 102 (1991)
Jurisdiction
Missouri (state)
Effective Date
1991-12-17

Full Text

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Lankheit was also a probate proceeding, as were Ellinwood and Estate of Sanders. Because they were probate proceedings, the appropriate way of disposing of any question involving the applicability of Rule 55 in those cases would have been to follow Rules 41.01(a)(2) and Rule 41.01(c). Rule 41.01(a)(2) exempts probate proceedings from the application of Rules 41 through 101. However, Rule 41.01(c) provides, “Rules 41, 56, 57, 58, 59, 60, 61, and 62 apply to proceedings in the probate division of the circuit court.” Insofar as the cases originated in the probate division, Rule 55 was inapplicable. Nevertheless, the result in those cases was consistent with Rules 41.01(a)(2) and 41.01(c).