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Kerns v. Kerns

Missouri Court of Appeals, Springfield District
Jul 3, 1973
497 S.W.2d 655 (Mo. Ct. App. 1973)

Opinion

No. 9255.

July 3, 1973.

APPEAL FROM CIRCUIT COURT, POLK COUNTY; CHARLES V. BARKER, JUDGE.

Affirmed.

O. J. Taylor, Joseph A. Bohrer, Neale, Newman, Bradshaw Freeman, Springfield, for plaintiff-respondent.

Lawrence Askinosie, Smith, Askinosie Fiorella, Springfield, for defendant-appellant.


The parties were divorced in 1967 and the defendant-wife was awarded the custody of their then two-year-old son. In 1971 the plaintiff-father filed his motion to modify the custody portion of the decree and the defendant-mother now appeals from the judgment of the Circuit Court of Polk County which modified the decree so as to vest the plaintiff-father with general custody of the boy; the defendant-mother was awarded visitation and certain temporary custody rights.

We have conned the transcript on appeal, studied the briefs of perspicacious counsel, inspected the exhibits, pondered a legion of authorities belaboring the troublesome problems of child custody and conclude: (1) that posterity will not profit and present generations need not be disconcerted with a detailed recasting of the evidence in this case; (2) that the judgment of the trial court is based on findings of fact which are not clearly erroneous; (3) that no error of law appears; and (4) that an opinion would have no precedential value.

The judgment of the trial court is affirmed in compliance with Rule 84.16(b), V.A.M.R.

All concur.


Summaries of

Kerns v. Kerns

Missouri Court of Appeals, Springfield District
Jul 3, 1973
497 S.W.2d 655 (Mo. Ct. App. 1973)
Case details for

Kerns v. Kerns

Case Details

Full title:JAMES DAVID KERNS, PLAINTIFF-RESPONDENT, v. DIXIE ANN KERNS (GALLOP)…

Court:Missouri Court of Appeals, Springfield District

Date published: Jul 3, 1973

Citations

497 S.W.2d 655 (Mo. Ct. App. 1973)

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