Perryman v. Perryman

Missouri Court of Appeals

Perryman v. Perryman

36 S.W.3d 431, 2001 Mo. App. LEXIS 107, 2001 WL 88293

CourtMissouri Court of Appeals

DecidedJanuary 23, 2001

DocketNo. ED 77392

StatusPublished

Cited by1 cases

This text of 36 S.W.3d 431 (Perryman v. Perryman) 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

Perryman v. Perryman, 36 S.W.3d 431, 2001 Mo. App. LEXIS 107, 2001 WL 88293 (Mo. Ct. App. 2001).

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Opinion

ROBERT E. CRIST, Senior Judge.

Amos Perryman, Jr. (Husband) appeals the judgment entered enforcing a separation agreement in this dissolution of marriage proceeding. Because the judgment is not final, we dismiss the appeal.

Virginia Perryman (Wife) filed a petition for dissolution of marriage on August 20, 1998. The trial court scheduled trial for February 16,1999. On that day, Husband and Wife had settlement negotiations and executed a “Memorandum of Agreement” purporting to settle the dissolution of marriage action. A trial was not held, but a hearing about the “Memorandum of Agreement” was held. Afterward, the trial court ordered the parties to prepare a separation agreement and judgment. Husband subsequently repudiated the agreement and refused to sign a formal separation agreement. Wife filed a motion to enforce the settlement agreement.

After a trial on the motion, the trial court entered a judgment granting Wife’s motion to enforce the separation agreement. However, the trial court failed to enter a decree of dissolution in the case. Instead, the trial court stated it “will enter a Decree of dissolution based upon the written Separation Agreement....” (emphasis added).

This Court issued an order asking Appellant to show cause why this appeal should not be dismissed for lack of a final appealable judgment. Appellant failed to file a decree of dissolution. Instead, Appellant contended the judgment to enforce the separation was final and appealable even without the entry of a decree of dissolution. We must disagree.

An appellate court has jurisdiction only over final judgments. Section 512.020, RSMo 1994. A final judgment is one that disposes of all parties and issues in the case and leaves nothing for future determination. Thomas v. Nicks, 867 S.W.2d 676, 677 (Mo.App. E.D.1993). Here, the trial court has failed to resolve all the issues in the case because it never entered a decree of dissolution. While the court announced its intention to issue a decree, it never entered it. This leaves issues for future determination and thus, the judgment cannot be final. In addition, the trial court did not certify its judgment for appeal under Rule 74.01(b) for “no just reason for delay.” Without a final appeal-able judgment, we must dismiss the appeal.

Appeal dismissed.

HOFF, C.J., and CRANE, J., concur.

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ROBERT E. CRIST, Senior Judge.

Amos Perryman, Jr. (Husband) appeals the judgment entered enforcing a separation agreement in this dissolution of marriage proceeding. Because the judgment is not final, we dismiss the appeal.

Virginia Perryman (Wife) filed a petition for dissolution of marriage on August 20, 1998. The trial court scheduled trial for February 16,1999. On that day, Husband and Wife had settlement negotiations and executed a “Memorandum of Agreement” purporting to settle the dissolution of marriage action. A trial was not held, but a hearing about the “Memorandum of Agreement” was held. Afterward, the trial court ordered the parties to prepare a separation agreement and judgment. Husband subsequently repudiated the agreement and refused to sign a formal separation agreement. Wife filed a motion to enforce the settlement agreement.

After a trial on the motion, the trial court entered a judgment granting Wife’s motion to enforce the separation agreement. However, the trial court failed to enter a decree of dissolution in the case. Instead, the trial court stated it “will enter a Decree of dissolution based upon the written Separation Agreement....” (emphasis added).

This Court issued an order asking Appellant to show cause why this appeal should not be dismissed for lack of a final appealable judgment. Appellant failed to file a decree of dissolution. Instead, Appellant contended the judgment to enforce the separation was final and appealable even without the entry of a decree of dissolution. We must disagree.

An appellate court has jurisdiction only over final judgments. Section 512.020, RSMo 1994. A final judgment is one that disposes of all parties and issues in the case and leaves nothing for future determination. Thomas v. Nicks, 867 S.W.2d 676, 677 (Mo.App. E.D.1993). Here, the trial court has failed to resolve all the issues in the case because it never entered a decree of dissolution. While the court announced its intention to issue a decree, it never entered it. This leaves issues for future determination and thus, the judgment cannot be final. In addition, the trial court did not certify its judgment for appeal under Rule 74.01(b) for “no just reason for delay.” Without a final appeal-able judgment, we must dismiss the appeal.

Appeal dismissed.

HOFF, C.J., and CRANE, J., concur.

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36 S.W.3d 431, 2001 Mo. App. LEXIS 107, 2001 WL 88293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perryman-v-perryman-moctapp-2001.

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