State v. Callies
2012 Mo. App. LEXIS 1624
| Mo. Ct. App. | 2012Background
- Consolidated appeal from bond forfeiture judgments; one appeal challenges a 2011 forfeiture judgment as to Cords, the other challenges a 2012 amended judgment against Moore; the 2011 judgment was entered after defendant Lorenzo Callies failed to appear for arraignment.
- Cords posted a $3,500 surety bond via Dawn Cords as Attorney-in-Fact for Stacy Moore; the court forfeited the bond and entered $1,500 against Cords on April 15, 2011.
- Cords moved to set aside the 2011 judgment on custody-related grounds (defendant in custody since June 2011); motion denied December 12, 2011, prompting a notice of appeal.
- March 14, 2012: the circuit court entered an amended judgment purporting to amend the 2011 judgment, directing a new $3,500 judgment against Moore; this was the basis for Moore’s appeal.
- March 19, 2012: Cords informed the court that Moore would appeal the amended judgment; May 23, 2012: the court consolidated the appeals and addressed jurisdictional issues regarding finality of judgments.
- The court ultimately dismissed Cords’s appeal for lack of a final judgment and remanded the Moore appeal to vacate the March 14, 2012 amended judgment for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the December 12, 2011 denial of set‑aside is a final judgment. | Cords argues denial was a final, appealable judgment. | Court intends a final judgment under Rule 74.01(a). | Cords’s appeal dismissed for lack of final judgment. |
| Whether the March 14, 2012 amended judgment against Moore was void for lack of jurisdiction. | Moore contends the court lacked jurisdiction to amend after final judgment. | Court had jurisdiction to amend or enter related judgment. | Amended judgment void; remand to vacate. |
Key Cases Cited
- Lake Osage Condominium Ass’n v. Prewitt, 179 S.W.3d 331 (Mo.App.2005) (final judgment requirements under Rule 74.01; denominated as judgment must exist for appeal)
- Spicer v. Spicer Revocable Living Trust, 336 S.W.3d 466 (Mo.banc 2011) (jurisdiction limits after final judgment; remand to vacate void orders)
- State v. Yount, 813 S.W.2d 85 (Mo.App.1991) (civil enforcement of bond forfeiture follows Rule 74/75)
- City of St. Louis v. Hughes, 950 S.W.2d 850 (Mo.banc 1997) (requirements for a judgment; finality; denominated as judgment)
- In re Marriage of Grigery, 818 S.W.2d 738 (Mo.App.1991) (jurisdiction ends after final judgment absent relief from judgment rules)