Supreme Court of Missouri / Jun 27, 2023
Jenette Konopasek, Appellant, vs. Douglas and Laura Konopasek, Respondents.
Jenette Konopasek appealed the dismissal of her petition seeking relief from fraudulent transfers Douglas Konopasek made to hinder collection of her judgments. The Missouri Supreme Court reversed the circuit court's judgment, holding that the dismissal without prejudice was a final appealable judgment because Jenette could not refile her claims without changing her allegations. The Court further held that Jenette adequately pleaded claims under the Uniform Fraudulent Transfers Act, clarifying that depositing funds into a tenancy-by-the-entirety account constitutes a "transfer" and that a plaintiff need not plead several "badges of fraud" to allege actual intent. The case was remanded for further proceedings.