# Lavalle v. Lavalle

> Missouri Court of Appeals · November 23, 1999 · 11 S.W.3d 640

URL: https://www.frixlaw.com/law-library/cases/9701393

## Case

- **Full name:** Tonja Lee LAVALLE, N/K/A Feingold, Petitioner/Respondent, v. Brian Allen LAVALLE, Respondent/Appellant
- **Court:** Missouri Court of Appeals
- **Decided:** November 23, 1999
- **Citations:** 11 S.W.3d 640; 1999 Mo. App. LEXIS 2291; 1999 WL 1054813
- **Precedential status:** Published
- **Opinion:** Dissent by Karohl
- **Judges:** Mary K. Hoff
- **Cited by:** 24 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9701393

## How later opinions describe it (automated extraction)

- holding invalid a provision in judgment granting mother permission to move with child to Maryland that improperly restricted that grant to two years subject to further review of the trial court at that time
- affirming the judgment but striking provision limiting child’s relocation to another state to two years as surplus language

## Opinion text

KENT E. KAROHL, Justice,
dissenting.
I concur with Judge Hoff in the analysis and holding on the substantive issues of the appeal and the cross-appeal. However, the appropriate result would be a remand to permit the trial court to reconsider and redecide all the custody issues. It has broad discretion in deciding these issues. We do not. In light of our decision rejecting the two-year limitation on the modification of these issues, it would be more appropriate for the trial court to reconsider all of the modification of custody issues. There would be no need for additional evidence, but that would be at the court’s discretion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9701393. Public record. Not legal advice.