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HOEWING v. HOEWING-KURZ

No. ED 77424.

28 S.W.3d 473 (2000)

Scott HOEWING, Individually and as Personal Representative of the Estate of Wayne Hoewing, a/k/a Donald Wayne Hoewing, Deceased; and Mark A. Hoewing, Plaintiffs/Appellants, v. Yvonne HOEWING-KURZ, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division One.

October 10, 2000.

Attorney(s) appearing for the Case

J. Patrick Wheeler, Canton, for appellant.

William E. Alberty, Edina, for respondent.

Before ROBERT G. DOWD, Jr., P.J., MARY RHODES RUSSELL and RICHARD B. TEITELMAN, JJ.

PER CURIAM.

Scott and Mark Hoewing ("sons"), residual beneficiaries of Wayne Hoewing's ("father") will, appeal from the judgment of the Lewis County Circuit Court dismissing their petition for declaratory judgment. We dismiss the appeal in that the trial court's dismissal without prejudice for improper venue is not a final appealable judgment as the action may be re-filed in the probate division.

Father executed his Last Will and Testament on July 8, 1982...

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