Oldham v. Oldham

Missouri Court of Appeals

Oldham v. Oldham

223 S.W.3d 886, 2007 Mo. App. LEXIS 692, 2007 WL 1245177

CourtMissouri Court of Appeals

DecidedMay 1, 2007

DocketWD 66747

StatusPublished

Cited by3 cases

This text of 223 S.W.3d 886 (Oldham v. Oldham) 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

Oldham v. Oldham, 223 S.W.3d 886, 2007 Mo. App. LEXIS 692, 2007 WL 1245177 (Mo. Ct. App. 2007).

Pincite

Opinion

LISA WHITE HARDWICK, Judge.

Brian Oldham (Husband) appeals the judgment of the trial court dissolving his marriage to Lorrie Oldham (Wife). The judgment awarded maintenance to Wife in the amount of $600 monthly. Husband contends the evidence at trial was insufficient to support the maintenance award. We dismiss the appeal for lack of an adequate record.

As the appellant, Husband has a duty, pursuant to Rule 81.12(a), 1 to provide this court with a full and complete record of all proceedings and evidence necessary to make a determination of all questions presented on appeal. Huber ex rel. Boothe v. Huber, 204 S.W.3d 364, 368 (Mo. App.2006). Where, as here, the record does not contain all documents necessary for this court to determine the issue presented, our review is impossible and the claim of error must be dismissed. Id.

In contesting the maintenance award on appeal, Husband challenges the sufficiency of Wife’s income and expense statements and argues that Wife’s medical records do not reflect her inability to work. Wife’s income and expense statements and medical records were admitted into evidence at trial, but Husband failed to include them in the record on appeal or his appendix. Without the availability of these exhibits, it is impossible for this court to properly assess whether the trial court’s award of maintenance was sufficiently supported by the record. We are compelled, therefore, to dismiss the appeal.

All concur.

1

. All Rule citations are to Missouri Rules of Civil Procedure (2007) unless otherwise noted.

Free access — add to your briefcase to read the full text and ask questions with AI

LISA WHITE HARDWICK, Judge.

Brian Oldham (Husband) appeals the judgment of the trial court dissolving his marriage to Lorrie Oldham (Wife). The judgment awarded maintenance to Wife in the amount of $600 monthly. Husband contends the evidence at trial was insufficient to support the maintenance award. We dismiss the appeal for lack of an adequate record.

As the appellant, Husband has a duty, pursuant to Rule 81.12(a), 1 to provide this court with a full and complete record of all proceedings and evidence necessary to make a determination of all questions presented on appeal. Huber ex rel. Boothe v. Huber, 204 S.W.3d 364, 368 (Mo. App.2006). Where, as here, the record does not contain all documents necessary for this court to determine the issue presented, our review is impossible and the claim of error must be dismissed. Id.

In contesting the maintenance award on appeal, Husband challenges the sufficiency of Wife’s income and expense statements and argues that Wife’s medical records do not reflect her inability to work. Wife’s income and expense statements and medical records were admitted into evidence at trial, but Husband failed to include them in the record on appeal or his appendix. Without the availability of these exhibits, it is impossible for this court to properly assess whether the trial court’s award of maintenance was sufficiently supported by the record. We are compelled, therefore, to dismiss the appeal.

All concur.

1

. All Rule citations are to Missouri Rules of Civil Procedure (2007) unless otherwise noted.

Cite This Page — Counsel Stack

Bluebook (online)

223 S.W.3d 886, 2007 Mo. App. LEXIS 692, 2007 WL 1245177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oldham-v-oldham-moctapp-2007.

Opinion

Related

Cite This Page — Counsel Stack