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WHOBERRY v. WHOBERRY

No. 22166.

977 S.W.2d 946 (1998)

Cheryll WHOBERRY, Petitioner-Respondent, v. Billy WHOBERRY, Respondent-Defendant, Linda Gilliam, Third-Party Intervenor-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

October 29, 1998.

Attorney(s) appearing for the Case

Stephen E. Walsh, Moore & Walsh, Poplar Bluff, for appellant. for Appellant.

Robert L. Smith, Smith & Miller, Poplar Bluff, for Respondent.

SHRUM, Presiding Judge.

This is a domestic relations case that involves part of the grandparent visitation statute. The subsections implicated are § 452.402.1(1) (allowing grandparents to intervene in their child's dissolution case and seek visitation) and § 452.402.2 (authorizing grandparent visitation only when visits are in child's best interest).1 The narrow question presented is whether Herndon v. Tuhey,

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