Missouri Court of Appeals, Southern District / Jan 6, 2023
LOUIE R. KEEN, Appellant vs. AMBER WOLFE, individually and in her capacity as Trustee of the April 4, 2011 Restatement of Revocable Trust Agreement of Rosetta Keen, and CYNTHIA KEEN , Respondents
Louie Keen, a trust beneficiary, appealed the denial of his motion for partial summary judgment on a petition seeking a determination of the applicability of a trust's no-contest clause under the "safe harbor" provision of § 456.4-420.1. The appellate court dismissed the appeal for lack of jurisdiction. It held that an order denying a motion for summary judgment on a safe harbor petition is not an "order or judgment determining a petition" as required for appeal under § 456.4-420.3, because such a denial means the issue remains pending and undetermined.