Missouri Court of Appeals, Western District / Jan 22, 2019
Blackwood, Langworthy & Tyson, LLC vs. Jon D. Knipp, et al
Blackwood, Langworthy & Tyson, L.C. (Appellant) appealed the circuit court's grant of judgment on the pleadings, which dismissed its Petition for Accounting against Jon D. Knipp and Linda Miller (Respondents). Appellant sought to recover assets for professional services rendered to a conservatorship, arguing it was a "qualified claimant" under Section 461.300. The appellate court reversed, holding that Appellant's claim survived the conservatorship's closing, making it a "creditor" with standing, and that it did not waive its claim by accepting partial payment in the conservatorship's final settlement. The court also found Appellant's petition adequately stated a cause of action.