WISS v. SPITZMILLER

No. SD 32758.

425 S.W.3d 157 (2014)

Ellen A. WISS and O. Elizabeth Corbett, Plaintiffs-Respondents, v. Gene W. SPITZMILLER, Defendant/Trustee/Beneficiary-Appellant, and Sharon E. Gunn, Defendant/Trustee/Beneficiary-Respondent, and Linda J. Bridger, Defendant/Beneficiary-Respondent.

Missouri Court of Appeals, Southern District, Division One.

March 13, 2014.


Attorney(s) appearing for the Case

Gene W. Spitzmiller, Attorney/Appellant, Sikeston, MO, pro se.

Kevin B. Spaeth , Ellen A. Wiss , O. Elizabeth Corbett , Cape Girardeau, MO, for Respondents.


DON E. BURRELL, J.

Gene W. Spitzmiller ("Appellant") appeals the "Amended Judgment" that removed him and Sharon E. Gunn (collectively, "Trustees") as trustees of the Norman L. Spitzmiller and Betty Jo Spitzmiller Revocable Trust ("the Trust").1

In three points relied on, Appellant claims: 1) the trial court lacked "subject matter jurisdiction" to enter the Amended Judgment "after the time for modification [of the original judgment...

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