Virginia B. Feinberg and Adolph K Book Reviews

Virginia B. Feinberg and Adolph K by Eastern District, Division Five Court of Appeals of Missouri Book Summary

Defendants Dan and John Feinberg appeal four charging orders entered against them, two charging orders against Dan and two against John, and in favor of plaintiffs Virginia Feinberg and the Adolph K. Feinberg Hotel Trust (""Hotel Trust""). Defendants raise three points on appeal. The first point contends the trial court exceeded its jurisdiction by appointing a receiver over the partnership interests of Dan and John even though this remedy was not pleaded or prayed for. The second point asserts the trial Judge erroneously took judicial notice of his recollections from a prior trial. The third point alleges: (a) the trial court exceeded its jurisdiction by setting aside Dan's transfer of his partnership interests even though this remedy was not pleaded or prayed for; (b) the trial court erroneously determined these transfers were fraudulent because the issue of fraud was not raised in plaintiffs' pleadings; and (c) the trial court erred in finding Dan's transfer fraudulent because no evidence was presented regarding Dan's insolvency, a required element of a finding of fraud under § 428.029. We affirm the two charging orders issued against John. We reverse and remand the two charging orders issued against Dan. Review of this Judge-tried case is governed by Rule 73.01 1 and Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976). We will affirm the trial court's judgment unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Murphy, 536 S.W.2d at 32. We give due regard to the trial court's opportunity to have Judged the credibility of the witnesses. Rule 73.01(c)(2). Further, we view the evidence and the concomitant inferences in a manner favorable to the prevailing party while disregarding all contradictory evidence. American States Insurance Co. v. P.R. Developers, Inc., 876 S.W.2d 12, 14 (Mo. App. 1992).

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Virginia B. Feinberg and Adolph K (Eastern District, Division Five Court of Appeals of Missouri) Book Reviews 2024

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