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BRADDOCK v. MISSOURI DEPT. OF MENTAL HEALTH

No. WD 65304.

200 S.W.3d 78 (2006)

Rebecca and Steve BRADDOCK and John and Joseph Braddock, Minors, by and Through Rebecca and Steve Braddock, Their Parents and Next Friends, Appellant, v. MISSOURI DEPARTMENT OF MENTAL HEALTH, Kathleen Hopkins, Asst. Center Director For St. Louis Regional Center-North, In Her Official Capacity, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied August 1, 2006.

Application for Transfer Denied September 26, 2006.

Attorney(s) appearing for the Case

David Hale, Jefferson City, MO, for appellants.

Trevor Bossert, St. Louis, MO, for respondents.

Before EDWIN H. SMITH, C.J., NEWTON and HARDWICK, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 1, 2006.

LISA WHITE HARDWICK, Judge.

Rebecca and Steve Braddock appeal from the administrative denial of their claim for attorney's fees after they prevailed on a Medicaid funding request for their son against the Department of Mental Health (DMH). We affirm the denial because Section 536.085(1)1 precludes the Braddocks from recovering fees in an agency proceeding...

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