green
Positive treatment
Issue: litigation exceptionMO ↗
Issue: heirs claimMO ↗
Quoted verbatim 1×
22.3 score
G Cite
cited 4× by 2 distinct cases, 2017–2025 · 2 courts ·
…any heirs asserting inheritance of property from the decedent may apply at any time after that first year for the formal recognition of ownership of the property pursuant to 473.663.
⚠ not in text
cited 3× by 3 distinct cases, 2011–2016 · 2 courts ·
…where nothing appears to show a contrary intention, the payment alone prevents the statute from barring the claim.
at p. 746
⚠ not in text
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010
2018
2026
Top citers, strongest first. 11 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Mary Ann Hood v. American Express Centurion Ban
where nothing appears to show a contrary intention, the payment alone prevents the statute from barring the claim.
discussed
Cited as authority (rule)
Jimmie Bell, individually v. Selene Finance, LP
Absent an estate administration, a person may bring a claim as a “judicially determined heir to recover a debt formerly owed to the decedent.” White v. Emmanuel Baptist Church, 519 S.W.3d 917, 923 (Mo. Ct. App. 2017) (citing Heidbreder v. Tambke, 284 S.W.3d 740, 745 (Mo. App. W.D. 2009)).
discussed
Cited as authority (rule)
In the Estate of Richard E. Smith, APRIL M. SVEC, Personal Representative of the Estate of Deidre A. Smith, and ASHLEY A. LUX v. AMIE M. BROOKS, ERIC R. SMITH, and JOSHUA C. SMITH
Cf. Heidbreder v. Tambke, 284 S.W.3d 740, 742-76 (Mo.App. 2009) (holding that the heirs of a decedent had standing, after receiving a judicial determination of heirship under section 473.663, to then pursue an action against the recipients of a loan granted by the decedent for the repayment of that loan).
cited
Cited as authority (rule)
Mark Stevenson v. Mary Maxwell
Heidbreder v. Tambke, 284 S.W.3d 740, 747 (Mo. App. 2009).
discussed
Cited as authority (rule)
White v. Emmanuel Baptist Church
Absent an estate administration, a person may bring a claim as a “judicially determined heir to recover a debt formerly owed to the decedent.” Heidbreder v. Tambke, 284 S.W.3d 740, 745 (Mo. App. W.D. 2009).
cited
Cited as authority (rule)
Susan DeCoursey v. American General Life Ins.
Heidbreder v. Tambke, 284 S.W.3d 740, 746-47 (Mo.Ct.App.2009).
discussed
Cited as authority (rule)
Northern Farms,, Inc. v. W.K. Jenkins and M. Earlene Jenkins d/b/a Green Acres Farms
Jenkinses only filed motions to dismiss before trial, normally we would review the claim under the standard that the “ ‘petition should not be dismissed on the affirmative defense of the statute of limitations tinless it is absolutely clear from the face of the,petition that it is time barred.’ ” Heidbreder v. Tambke, 284 S.W.3d 740, 746 (Mo. App. W.D. 2009) (quoting Doyle v. Crane, 200 S.W.3d 581, 585 (Mo. App. W.D. 2006)).
discussed
Cited as authority (rule)
In re Hood
Moreover, even if the Missouri statute did control, see Mo.Rev.Stat. § 516.120, her partial payments would have tolled the statute of limitations, see Heidbreder v. Tambke, 284 S.W.3d 740, 746-47 (Mo.Ct.App.W.D.2009) (“Where nothing appears to show a contrary intention, the payment alone prevents the statute from barring the claim.”); Capital One Bank v. Creed, 220 S.W.3d 874, 879 (Mo.Ct.App.2007).
discussed
Cited as authority (rule)
Markham v. Fajatin
In reviewing the dismissal, we must “read the petition broadly, construe it in favor of the plaintiffs, and not allow dismissal unless it is clear from the face of the petition that the action is barred by the statute of limitations.” Heidbreder v. Tambke, 284 S.W.3d 740, 748 (Mo.App.
cited
Cited as authority (rule)
McMahon v. Geldersma
Heidbreder v. Tambke, 284 S.W.3d 740, 742 (Mo.App.
Retrieving the full opinion text from the archive…
Walter J. HUNTER, Appellant,
v.
STATE of Missouri, Respondent
v.
STATE of Missouri, Respondent
WD 69592.
Missouri Court of Appeals.
Apr 28, 2009.
Walter Hunter, Cameron, MO, pro se., Shaun J. Mackelprang, Jefferson City, MO, for Respondent.
Newton, Smart, Howard.
Published
Citer courts: Seventh Circuit (1)
ORDER
PER CURIAM:Mr. Walter Hunter (Mr. Hunter) appeals the denial of his motion to re-open post-conviction proceedings, filed several years after entry of judgment denying his Rule 29.15 post-conviction motion. On appeal, Mr. Hunter argues that he was abandoned by post-conviction counsel.
For reasons stated in the memorandum provided to the parties, we affirm. Rule 84.16(b).