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FIRST NATIONAL v. SHIRLA HOWARD TRUST

No. SD 35307.

561 S.W.3d 434 (2018)

FIRST NATIONAL BANK, Respondent, v. SHIRLA HOWARD REVOCABLE LIVING TRUST, Respondent, and Jerry Howard, Appellant.

Missouri Court of Appeals, Southern District, Division Two.

FILED: October 9, 2018.

Attorney(s) appearing for the Case

Appellant's attorney: Douglas R. Kennedy , Poplar Bluff.

Respondent Bank's attorney: Shannon Wright Morgan .

Respondent Penny's attorneys: John W. Grimm , Jeffrey J. Koch , John C. Steffens , Cape Girardeau .

(Before Francis, P.J., Bates, J., and Scott, J.)

Jerry Howard appeals from a summary judgment entered in favor of the Shirla Howard Revocable Living Trust (the "Trust") in an action to settle ownership of a bank account. We must reverse and remand because the summary judgment record does not establish a right to judgment as a matter of law.

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