KLEIN v. CLINTON

No. SD 33288.

456 S.W.3d 80 (2015)

Carolyn C. KLEIN, as member of R. Clinton Enterprises, LLC, a Missouri Limited Liability Company, on behalf of herself and all other similarly situated members, and as Co-Trustee of the Ray Clinton Irrevocable Trust, the Dorothy Clinton Irrevocable Trust, and the Clinton Family Trust, Plaintiff-Respondent, v. Steven M. CLINTON, individually, and as a member of R. Clinton Enterprises, LLC, Defendant-Appellant, and R. Clinton Enterprises, LLC, Defendant, and Dorothy Clinton, Intervenor, and Ray Bell, the Ray A. Bell Irrevocable Trust, Joseph C. Bell, the Joseph C. Bell Irrevocable Trust, Marshall Clinton, the Marshall Ellison Clinton Irrevocable Trust, Matthew Clinton, the Matthew Steven Clinton Irrevocable Trust, the Christopher C. Clinton Irrevocable Trust, Charles Clinton, Sheila Williams, and Tiffany Clinton, Interested Parties.

Missouri Court of Appeals, Southern District, Division Two.

Filed: February 24, 2015.


Attorney(s) appearing for the Case

Attorney for Appellant — Kyle L. Warren of Poplar Bluff, MO.

Attorneys for Respondent — Michael D. Murphy , Jonah Ted Yates , Ross D. McFerron of Cape Girardeau, MO.


The plaintiff and defendant in this action are brother and sister and are beneficiaries of trusts prepared by their father. Carolyn C. Klein brought a Second Amended Petition against her brother, Steven M. Clinton, for breach of fiduciary duty (Count I), requesting an "application...

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