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eBook details

• Title: Charles Lafayette Ewing v. Beverly Joyce
• Author : Western District Court of Appeals of Missouri
• Release Date : January 27, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Appellant Beverly Ewing (Beverly) appeals from a decree of dissolution in which respondent Charles Ewing (Charles) was awarded all of the proceeds of his retirement plan. The trial court determined that the retirement proceeds were marital property but that Beverly's claim to a portion thereof was barred by the doctrine of laches. Beverly alleges two points of error. First, she argues that the doctrine of laches is inapplicable to the case at bar, and secondly, she argues that the trial court abused its discretion in failing to award 50% of Charles' retirement proceeds to her. Beverly and Charles were married in November 1964, and six children were born of the marriage. The parties voluntarily separated in May 1973, and continued to live separate and apart ever since. Charles went to live with his mother, and the couple agreed that the children would remain in the care, custody and control of Beverly. At that time, the eldest child was 12 years of age and the youngest child was five years of age.

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