S.A.S. v. B.P.

No. ED 93765.

314 S.W.3d 348 (2010)

In re the Matter of: S.A.S. by her next friend, Z.J.S., Individually, Petitioners/Appellants, v. B.P., Respondent, and T.L.N., Third-Party Respondent/Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Rehearing Denied July 14, 2010.


Attorney(s) appearing for the Case

Benicia Baker-Livorsi, The Family Law Group, LLC, St. Charles, MO, for Appellant.

Michael Gross, St. Louis, MO, David B. Goroff, Joanne Lee, Charla Y. Strong, Foley & Lardner LLP, Chicago, IL, Amici Curiae brief for The National Association of Social Workers and The National Association of Social Workers, Missouri Chapter.

Anthony E. Rothert, ACLU of Eastern Missouri, St. Louis, MO, Stephen Douglas Bonney, Kansas City, MO, John A. Knight, American Civil Liberties Union of Eastern Missouri, American Civil Liberties Union of Kansas and Western Missouri, and American Civil Liberties Union Lesbian, Gay, Bisexual, Transgender & AIDS Project, Chicago, IL, Amici Curiae brief for The American Civil Liberties Union of Eastern Missouri, The American Civil Liberties Union of Kansas and Western Missouri, and The American Civil Liberties Union Lesbian, Gay, Bisexual, Transgender & AIDS Project.

Anthony D. Linson, Court Appointed Guardian Ad Litem for S.A.S.; Lampin, Kell, Fagras, Linson: Custer & Buehler, St. Peters, MO, Amicus Curiae.

Jane Ellen Tomich, Knight & Tomich, St. Charles, MO, for Respondent.

Richard H. Sindel, Charles D. Sindel, Sindel, Sindel & Noble, P.C., Clayton, MO, for Third-Party Respondent.


Opinion

MARY K. HOFF, Judge.

Z.J.S. appeals from the grant of summary judgment in favor of B.P. (Mother) regarding the issue of the legal parentage of S.A.S. (Child), pursuant to Section 210.834, RSMo 2000.1 We reverse and remand because there is an insufficient record for review to entitle Mother to summary judgment as a matter of law. We find Z.J.S.'s constitutional challenge to Section 210.834 was not properly preserved...

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