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STATE EX REL. MILNER v. CARLTON

No. 28192.

223 S.W.3d 896 (2007)

STATE of Missouri ex rel. Jennifer Lynne MILNER, Relator, v. The Honorable Stephen P. CARLTON, Judge of the 29th Judicial Circuit, and the Honorable Jerry L. Holcomb, Family Court Commissioner of the 29th Judicial Circuit, Respondents.

Missouri Court of Appeals, Southern District, Division Two.

May 23, 2007.

Attorney(s) appearing for the Case

A. Christine Rhoades, Neosho, MO, for relator.

Susan Fahey Butler, Joplin, MO, for respondent.

Danielle Elizabeth Garrity, Joplin, MO, for Juvenile/Minor.

Before BARNEY, J., BATES, C.J. and P.J., and LYNCH, J.

PER CURIAM.

Jennifer Lynne Milner (Relator) seeks a writ of mandamus to direct the trial court to set aside its "Order for Temporary Custody" of June 23, 2006, wherein the trial court granted sole legal and physical custody of Relator's three minor children to their father, Brandy Milner (Father), pending final hearing in the case. This court issued a preliminary order directing the filing of an answer to Relator's petition but no answer or other responsive pleading...

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