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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kulaga v. Kulaga, 149 S.W.3d 570 (2004)

Citation
Kulaga v. Kulaga, 149 S.W.3d 570 (2004)
Parent Document
Kulaga v. Kulaga, 149 S.W.3d 570 (2004)
Jurisdiction
Missouri (state)
Effective Date
2004-11-23

Other Sections in This Document (38)

Full Text

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The only evidence to support an award of expenses was Father’s testimony, and his testimony was limited to expenses resulting from Mother’s failure to appear for trial on January 23, 2002. The $7500 figure to which Father testified included both his and his witnesses’ expenses. The only evidence of expenses Father specifically incurred of the $7500 in total expenses was his testimony that he incurred $566 for his personal travel. There was no evidence, and no way for the trial court to reasonably infer, that any of the remaining expenses were incurred by Father and for what purpose. The lack of any evidence, other than Father’s testimony as to $566 in personal travel expenses, to demonstrate the nature and extent of the expenses Father incurred renders the trial court’s award of $2500 in expenses unsupported by sufficient evidence. The evidence supports an award of only $566 in expenses to Father. Therefore, the expenses award must be reversed.