In Re GF

276 S.W.3d 327, 2009 WL 66072
CourtMissouri Court of Appeals
DecidedJanuary 13, 2009
DocketED 90104
StatusPublished
Cited by1 cases

This text of 276 S.W.3d 327 (In Re GF) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re GF, 276 S.W.3d 327, 2009 WL 66072 (Mo. Ct. App. 2009).

Opinion

276 S.W.3d 327 (2009)

In the Interest of G.F., S.F., C.F., C.F. & I.F.

No. ED 90104.

Missouri Court of Appeals, Eastern District, Division Two.

January 13, 2009.

*328 Katherine Goldwasser, Carol Jo Larkin, St. Louis, MO, for appellant.

Arthur Friedman, St. Louis, MO, for respondent.

Diane M. Monahan, St. Louis, MO, Guardian Ad Litem.

LAWRENCE E. MOONEY, Judge.

In this proceeding for an order of child protection, we must decide two novel issues relative to exemptions sought by a petitioner under Section 455.504.2 of the Child Protection Orders Act. We must determine whether the statute exempts a petitioner, first, from payment of the appellate court docket fee and, secondly, from payment of guardian ad litem fees. Because we hold that the appellate court docket fee is a "filing fee" and the guardian ad litem fees are "court costs," as those terms are used in the statute, we conclude that a petitioner is exempt from paying these expenses. Therefore, we accept jurisdiction of the appeal without payment of the appellate court docket fee and reverse the judgment of the trial court holding the petitioner in this case liable for payment of guardian ad litem fees.[1]

Factual and Procedural Background

The petitioner filed a petition, pursuant to Sections 455.500 to 455.538, the Child Protection Orders Act, seeking a full order of child protection safeguarding her five minor children from their father. The trial court entered an ex parte order of child protection and appointed a guardian ad litem for the five children. The petitioner filed a motion to exempt herself from liability for guardian ad litem fees, asserting that Missouri law—specifically Section 455.504.2—exempts a petitioner from any such liability. After hearing, the trial court entered a full order of child protection. In its judgment, the trial court also held the petitioner and the father jointly and severally liable for $3,000 in guardian ad litem fees.

The petitioner then filed a motion in the trial court, seeking to file a notice of appeal without payment of filing fees or court costs. The petitioner argued she should be allowed to proceed without payment of such expenses because of the statutory exemption found in Section 455.504.2. The trial court granted the motion and the petitioner filed a notice of appeal. This Court directed the parties to file memoranda addressing the question of whether Section 455.504.2 exempted the petitioner from paying the appellate court docket fee. The petitioner and the guardian ad litem both filed memoranda, and this Court then ordered the jurisdictional issue of exemption from payment of the appellate court docket fee taken with the case.

Standard of Review

We are presented with two issues for our determination—whether a petitioner is exempt from payment of the appellate court docket fee and whether a petitioner is exempt from payment of guardian ad litem fees. Resolution of these issues turns solely on an analysis of Section 455.504.2. Statutory interpretation is an issue of law. Crockett v. Polen, *329 225 S.W.3d 419, 420 (Mo. banc 2007). Our review, therefore, is de novo. Id. We review questions of law independently, and reach our own conclusions on the issue presented, without deference to the trial court's conclusions. City of St. Joseph v. Village of Country Club, 163 S.W.3d 905, 906 (Mo. banc 2005); CADCO, Inc. v. Fleetwood Enterprises, Inc., 250 S.W.3d 376, 378 (Mo.App. E.D.2008).

Statutory Interpretation Principles

The primary rule of statutory analysis is to ascertain the intent of the legislature, as expressed in the words of the statute, and to give effect to that intent whenever possible. Finnegan v. Old Republic Title Co. of St. Louis, Inc., 246 S.W.3d 928, 930 (Mo. banc 2008); Nelson v. Crane, 187 S.W.3d 868, 869-70 (Mo. banc 2006). In order to discern the intent of the General Assembly, we look to statutory definitions or, if none are provided, the text's plain and ordinary meaning. Gash v. Lafayette County, 245 S.W.3d 229, 232 (Mo. banc 2008). When the intent of the legislature cannot be ascertained from the plain and ordinary meaning of the statutory language, the statute is considered ambiguous and only then can we apply the rules of statutory construction. Preston v. State, 33 S.W.3d 574, 579 (Mo. App. W.D.2000)(citing Bosworth v. Sewell, 918 S.W.2d 773, 777 (Mo. banc 1996)); United Pharmacal Co. of Missouri, Inc. v. Missouri Bd. of Pharmacy, 208 S.W.3d 907, 910 (Mo. banc 2006). "`The construction of statutes is not to be hyper-technical, but instead is to be reasonable and logical and to give meaning to the statutes.'" Gash, 245 S.W.3d at 232 (quoting Donaldson v. Crawford, 230 S.W.3d 340, 342 (Mo. banc 2007)).

Discussion

The relevant statute, Section 455.504.2 RSMo 2000, provides:

No filing fees, court costs, or bond shall be assessed to the petitioner in an action commenced under sections 455.500 to 455.538.

The petitioner filed her petition for an order of child protection pursuant to Sections 455.500 to 455.538.

Appellate Court Docket Fee

We first consider whether a petitioner is exempt from paying the appellate court docket fee. This question turns on whether the fee is a "filing fee," as that term is used in Section 455.504.2. The term "filing fee" is not defined in the Child Protection Orders Act. "In the absence of statutory definitions, the plain and ordinary meaning of a term may be derived from a dictionary." State ex rel. Burns v. Whittington, 219 S.W.3d 224, 225 (Mo. banc 2007). A "filing fee" is defined in Black's Law Dictionary as "a sum of money required to be paid to the court clerk before a proceeding can start." Black's Law Dictionary 643 (7th ed.1999). In Missouri, an appellant is required to pay seventy dollars, denominated an "appellate court docket fee," to the trial-court clerk when filing a notice of appeal. Rule 81.04(d). Unless an appellant is "not required by law to pay the docket fee," or has qualified to appeal in forma pauperis, the trial-court clerk may not accept or file a notice of appeal without payment of the fee. Rule 81.04. Because the appellate court docket fee is a sum of money required to be paid to the trial-court clerk before appellate proceedings can begin, the appellate court docket fee is a "filing fee," as that term is used in Section 455.504.2. Therefore, a petitioner is exempt from its payment. Accordingly, we accept jurisdiction of the appeal without payment of the appellate court docket fee.

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276 S.W.3d 327, 2009 WL 66072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gf-moctapp-2009.