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COSBY v. COSBY

No. ED 87059

202 S.W.3d 717 (2006)

JOHN D. COSBY, JR. Petitioner/Appellant, v. BARBARA N. COSBY, Respondent/Respondent.

Missouri Court of Appeals, Eastern District, Division One.

September 26, 2006

Attorney(s) appearing for the Case

Gary E. Brotherton, Legal Writes, LLC, Columbia, MO, for Appellant.

Law Office of Kimberly D. Tyler, One Pointview Drive Bonne Terre, MO, for Respondent.

Before Mary K. Hoff, Judge (writer), Clifford H. Ahrens, Presiding Judge (sat) Nannette A. Baker, Judge (sat).

OPINION

Mary K. Hoff, Judge.

John D. Cosby, Jr. (Husband) appeals from the trial court's judgment entered in his dissolution of marriage action with Barbara N. Cosby (Wife). Husband argues trial court error in striking his pleadings under Rule 61.01. We affirm, in part, and reverse and remand, in part, for further proceedings.

Factual and Procedural Background

The parties were married in March 2003 and separated seven months later. Husband...

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