Missouri Court of Appeals, Western District / Date unavailable
Deborah Bowlin vs. Jason A. Stevens
Father Jason Stevens appealed the denial of his Rule 74.06 motion to vacate a judgment that awarded joint legal and physical custody of his minor child, K.B., to him and K.B.'s maternal grandmother, Deborah Bowlin. Father argued the original custody judgment was void as a matter of law because the trial court misapplied Section 452.375 by awarding joint custody between a third party and a natural parent. The appellate court affirmed the trial court's denial, holding that Rule 74.06 cannot be used to collaterally attack a judgment based on alleged mistakes of law, which should have been raised on direct appeal.