Marriage of Slay v. Slay

965 S.W.2d 845, 1998 Mo. LEXIS 31

• Court: Supreme Court of Missouri
• Decided: March 24, 1998
• Docket: 80405 to 80407
• Status: Published

Opinions

PER CURIAM.

In Slay, No. 80405, and Gray, No. 80406, a document entitled “JUDGMENT/ORDER” was filed. In Bell, No. 80407, a document entitled “JUDGMENT/DECREE OF DISSOLUTION” was filed. Each document is signed by “M. Zane Yates, Commissioner.” In each case, a party appeals the “judgment” entered. Appeals dismissed.

Article V, section 1 of the state constitution vests the judicial power of this state in this Court, the court of appeals, and the circuit courts. These courts are composed of judges. Mo. Const. art. V, sections 2, 13, 15, and 16. Although the documents filed in these cases are denominated “judgment,” they are not signed by a judge. Because the documents are not signed by a person selected for office in accordance with and authorized to exercise judicial power by article V of the state constitution, no final appealable judgment has been entered, and this Court is without jurisdiction.

The appeals are dismissed.

LIMBAUGH, ROBERTSON, COVINGTON and WHITE, JJ., concur.

HOLSTEIN, J., concurs in result in separate opinion filed.

BENTON, C.J., and PRICE, J., concur in opinion of HOLSTEIN, J.