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SMITHART v. SPORTSMAN

No. WD 31625.

614 S.W.2d 320 (1981)

Billy D. SMITHART, Respondent, v. Luella SPORTSMAN, Administratrix of the Estate of Shirley Lea Smithart, Appellant.

Missouri Court of Appeals, Western District.

March 30, 1981.

Attorney(s) appearing for the Case

George Scott Murray, Kansas City, for appellant.

J. Michael Murphy, Liberty, for respondent.

Before PRITCHARD, P. J., SWOFFORD, J., and MURPHY, Senior Judge.

MURPHY, Senior Judge.

The parties on this appeal seek rulings on two related issues:

One, the authority of the trial court after the death of one party in a pending proceeding to modify a decree of dissolution, to enter an award for attorney fees. Two, the authority of the trial court under the same circumstances to enter an award for accrued litigation costs.

We decline consideration of the first issue as not properly before the court...

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