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ESTATE OF SUMMER v. MISSOURI DEPT.

No. SD 32761.

424 S.W.3d 506 (2014)

In the ESTATE OF Kenneth SUMMER, Jr., Respondent-Respondent, v. MISSOURI DEPARTMENT OF MENTAL HEALTH, Petitioner-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

March 31, 2014.

Attorney(s) appearing for the Case

Ronald Q. Smith of Springfield, MO, for Appellant.

Emily L. Woodward of Rolla, MO, for Respondent Kenneth Summer.

James T. Crump of Rolla, MO, for Respondent Kathy Oliver.

JEFFREY W. BATES, P.J.

The Missouri Department of Mental Health (MDMH) filed a petition for appointment of a guardian and conservator for Kenneth Summer (Summer) in the probate division of the Circuit Court of Phelps County, Missouri. The trial court entered an order dismissing the petition for improper venue, and MDMH appealed.1 MDMH contends the trial court's dismissal resulted from a misapplication of the law. We agree. The order of...

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