416 S.W.3d 354
Mo. Ct. App.2013Background
- Married in 1988; one child (Daughter) born of the marriage.
- Wife filed petition for dissolution on September 26, 2008 seeking custody and division of property and debts.
- Trial held September 15, 2011; Daughter was over 18 and attending college in Arkansas.
- Trial court entered judgment dissolving marriage October 2012, ordering unequal distribution and listing values for many assets but not dividing the construction business; Exhibit 1 referenced for household goods/personal property was not attached.
- Judgment distributed household goods/personal property by reference to Exhibit 1, which was not provided to the parties or the court.
- Wife filed a post-trial motion for new trial November 30, 2012; it was continued and ultimately overruled by operation of law; Wife appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Finality of judgment due to missing distribution | Wife argues judgment is not final because the construction business and Exhibit 1 were not distributed or attached. | Husband's position is not detailed in the opinion. | Appeal dismissed for lack of a final judgment. |
Key Cases Cited
- In re Marriage of Nardini, 306 S.W.3d 165 (Mo.App.S.D.2010) (finality prerequisite for review; need final distribution)
- Jonusas v. Jonusas, 168 S.W.3d 117 (Mo.App.W.D.2005) (requirement of definite, enforceable marital property distribution)
- In re Marriage of Singleton, 188 S.W.3d 468 (Mo.App.S.D.2006) (authority to enter new judgment upon dismissal for lack of finality)
- McCord v. McCord, 75 S.W.3d 854 (Mo.App.W.D.2002) (need for definite distribution of property for enforceability)
- Tauk v. Tank, 109 S.W.3d 188 (Mo.App.E.D.2003) (court requires final, definite distribution to review)