 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Coon v. American Compressed Steel1/30/2004
Opinion Vote: AFFIRMED.
Ulrich and Hardwick, JJ., concur.
Opinion:American Compressed Steel, Inc. and William Copeland appeal the denial of their motion to intervene in the family court case in which the court decreed the equitable adoption of Deric Lee Coon ("Deric") by decedent, Patricia Walker. We affirm the denial of intervention. Background Deric Coon is the six-year-old son of Christopher Coon. Deric's mother died when Deric was quite young. Christopher Coon subsequently invited Patricia Walker to live with him and Deric. Testimony was presented in the family court case to the effect that Patricia Walker was like a mother to Deric, and intended eventually to marry Christopher and to adopt Deric. Several years after Patricia moved in with Christopher and Deric, Patricia was killed while driving on an interstate highway when a steel counterweight allegedly fell out of a truck and struck her, causing fatal injuries.
Patricia Walker's father, Stephen Walker, brought a wrongful death action in Jackson County Circuit Court against the owner of the truck, American Compressed Steel, and the truck driver, William Copeland.
After Stephen Walker's wrongful death action was filed, Deric Coon filed a petition for "equitable adoption" in the Family Court Division of the Jackson County Circuit Court. The petition sought to have Deric posthumously "adopted" by the decedent so Deric could prosecute the wrongful death action as a plaintiff. Deric's paternal grandparents and Stephen Walker were given notice of the proceeding. Following an evidentiary hearing, the family court entered a decree declaring Deric to be, "for all legal intents and purposes" the child of the decedent, Patricia Walker. The decree recites that Deric Coon is found to have been equitably adopted by the deceased "for all purposes, legal and equitable." Deric subsequently brought to the circuit court his "Verified Order in Recognition of Legal Adoption," which recites that he is "lawfully entitled to bring a wrongful death action relating to the death of his mother, Patricia Walker." The circuit court has, in accordance with this verified order, allowed Deric to become the plaintiff in the wrongful death action. Stephen Walker, who suffers from mental illness, has withdrawn from active participation and has permitted Deric to prosecute the action as the named plaintiff. Deric now, in his amended pleadings, alleges that he is the son of Patricia Walker.
American Compressed Steel and Copeland, and the trial court in the death case, were unaware of the adoption proceeding until Deric sought to import the decree to the wrongful death action. Defendants contended in the circuit court that they are not bound by the decree to acknowledge a legal parent-child relationship between Patricia and Deric. The defendants also filed a motion in the family court to "intervene out of time" in order to move to set aside the adoption decree. They sought intervention as a matter of right pursuant to Rule 52.12. The family court denied the motion. American Compressed Steel and Copeland appeal the denial by the family court of their motion to intervene and set aside the adoption decree.Motion to Dismiss Deric has moved to dismiss this appeal, arguing the Appellants lack standing to challenge the judgment because they were not within the category of persons specified as entitled to notice and joinder under the procedures set forth in Chapter 453, RSMo 2000. As to that assertion, it should be noted that Chapter 453 authorizes and regulates adoptions. However, for reasons discussed more fully below, the decree in this case is not an adoption decree. See, e.g., Goldberg v. Robertson , 615 S.W.2d 59, 62 (Mo. banc 1981). C
Page 1 2 3 4 5 6 Missouri Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|