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AMOS v. ESTATE OF AMOS

No. ED 90967.

267 S.W.3d 761 (2008)

Ruth AMOS, Petitioner/Respondent, v. ESTATE OF Kenneth AMOS, Respondent/Respondent, and Department of Social Services, Family Support Division, State of Missouri, Intervenor/Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 21, 2008.

Application for Transfer Denied November 25, 2008.

Attorney(s) appearing for the Case

Paul Michael Harper, Michael Shayne Kisling, Jefferson City, MO, for appellant.

Sherry A. Snyder, Audrey Melissia Black Riddle, co-counsel, Chesterfield, MO, for respondent.

BOOKER T. SHAW, Presiding Judge.

The State of Missouri, Department of Social Services, Family Support Division (Division) appeals an order by the probate division of the circuit court denying the State's motion to set aside the court's judgment establishing Medicaid benefits for Respondent Ruth Amos. The State asserts three points of error. Its first and second points allege that the court lacked subject matter jurisdiction because the Division has primary authority...

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