Smith v. State

993 S.W.2d 546
Procedural entryThis page is a short order in Smith v. State. Read the opinion of the Court — 1998 Mo. App. LEXIS 952
Missouri Court of Appeals·Decided May 6, 1999·No. No. 22429·Published

Opinion

CROW, Judge.

For the reasons set forth hereunder, this court holds the judgment in this pro-eedurally bizarre case is unappealable for lack of finality, hence this court dismisses this appeal.

The origin of the present dispute is a judgment entered by the Circuit Court of Butler County on March 10, 1982 (“the 1982 judgment”). The 1982 judgment was entered in case number CV381-708 titled: “STATE OF MISSOURI, ex rel[.] Jeremy W. Rambo, A Minor[,] Debbie Rambo, Next Friend[,] Petitioners, vs. Billy E. Smith[,] Respondent.”

The 1982 judgment declared that Billy E. Smith (“Smith”)3 is the “natural father” of Jeremy W. Rambo (“Jeremy”),4 born August 29,1980, and ordered Smith to pay $199 per month child support commencing March 10,1982.

At the time the 1982 judgment was entered, Jeremy’s mother, Debbie Rambo (“Debbie”),5 was receiving “AFDC benefits” (inferably, grants from the State of Missouri under the Aid to Families with Dependent Children program, Subchapter IV, Social Security Act of 1935, as amended, 42 U.S.C. § 601 et seq., and § 208.040, RSMo 1978, et seq., as amended).

During the twelve years following the 1982 judgment, Smith paid some, but not all, of the child support required by that judgment.

In March 1994 (twelve years after the 1982 judgment), Smith went to the court clerk’s office and was told by someone that he owed child support totalling $7,210.97. On March 25,1994, Smith paid that sum to the court.

On November 28, 1994, an “Authorized Representative” of the Director of the Division of Child Support Enforcement (“DCSE”) issued an “ADMINISTRATIVE ORDER ON AN EXISTING ORDER” (“AOEO”) finding that Smith owed $14,-379.97 for “past-due child support,” not including interest.

On December 8, 1994, the same “Authorized Representative” of the Director of DCSE issued an “AMENDED ADMINISTRATIVE ORDER ON AN EXISTING ORDER” (“Amended AOEO”) finding that Smith owed $7,139.00 for “past-due child support,” not including interest.

Smith appealed the Amended AOEO. An administrative hearing officer (“AHO”) of the Department of Social Services, Division of Legal Services, conducted a hearing May 23,1995.

On May 31, 1995, the AHO issued a “Decision” declaring that as of December 8, 1994, Smith owed a “child support ar-rearage” of $22,263.20, not including interest. The AHO Decision recited that the AHO was authorized by § 454.475.5, RSMo 1994, to render decisions for the Director of DCSE.

[548]*548The next significant event occurred April 8,1996, when Smith filed a motion in the Circuit Court of Butler County.6

On August 28, 1996, the same division of the Circuit Court of Butler County that entered the 1982 judgment held a hearing on the motion referred to in the preceding paragraph. Thereafter, on September 17, 1996, the judge of that division signed a document designated “Order of Modification” (“the 1996 order”).

The title atop the 1996 order is the same as the title on the 1982 judgment (set forth earlier in this opinion) except the title on the 1996 order adds that Debbie is also known as Debbie Carrier.7 However, the 1996 order bears case number CV396-322DR, a different number than the 1982 judgment.

The 1996 order recites that Smith and his lawyer appeared for trial August 28, 1996, that no one appeared for “the State of Missouri,” and that Debbie did not appear. The 1996 order sets forth findings of fact including, inter alia:

“3....
(b) That Debbie ... is not receiving current child support from the State of Missouri.
(c) That on March 25, 1994, [Smith] paid to the Circuit Court of Butler County, Missouri, the sum of ... $7,210.97 ... which was represented by the Court to be the total amount of arrearage that [Smith] owed to the State of Missouri as and for child support. ...”

The 1996 order provides, inter alia:

“... that the judgment of March 10, 1982, be and is so modified in that the order requiring [Smith] to pay child support is hereby terminated. The Court finds that on March 25, 1994, [Smith] satisfied his financial obligation to the State of Missouri in full, that said sum represents the total amount of arrearage owed to the State of Missouri and that any further accrual of child support shown to be owed to the State of Missouri is hereby abated.”

On February 28, 1997, an “Authorized Representative” of the Director of DCSE issued an AOEO finding that Smith owed $26,376.99 for “past-due child support,” not including interest.8

Evidently, Smith requested administrative review of the AOEO identified in the preceding paragraph, as the Director of DCSE scheduled a hearing for June 12, 1997. However, on May 19, 1997, Smith commenced the instant action by filing a “Petition for Writ of Prohibition” in the Circuit Court of Butler County. That court assigned the instant action number CV197-74CC.

The title of the instant action is set forth supra in footnote 1. Smith’s petition in the instant action provides an abbreviated account of the facts heretofore catalogued in this opinion. Smith’s petition avers, inter alia:

“8. That the Director of [DCSE] has scheduled a hearing for June 12,1997, at 1:30 p.m.
9. Any attempt by Respondents to obtain an Administrative Order for current or past support is in direct violation of and superseded by the [1996 order]. Further, the Department of Social Services lacks jurisdiction to make a determination as to current or past support owed because of the [1996] order.
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11. Relator has no other adequate and timely remedy by appeal or otherwise because Respondents have sched[549]*549uled a hearing on the Administrative Order for June 12,1997.”

The prayer in Smith’s petition in the instant action asks the trial court to:

“... issue its Writ of Prohibition "commanding Respondents to dismiss said action and to refrain from proceeding further therein.... ”

Two answers were filed in response to Smith’s petition. One was signed by Debbie; it began:

“Comes now Respondents, Debbie Carrier, Individually, Pro se and Respondent Jeremy Rambo by his next friend, Debbie Carrier and for their Answer to the Petition for Writ of Prohibition state as follows[.]”

The answer Debbie signed is henceforth referred to as “Debbie’s answer.” It pled, inter alia:

“These Respondents admit that Respondent will proceed against Relator unless prohibited by an order of this court.”

Debbie’s answer was filed June 30, 1997. An entry on the trial court’s docket sheet that date shows the filing of “Suggestion that a Party is a Minor and Request for Guardian Ad Litem.” Although no copy of the “Suggestion” is in the record furnished this court, this court infers that the minor was Jeremy.

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Smith v. State, 993 S.W.2d 546 (Mo. Ct. App. 1999).

993 S.W.2d 546 (Smith v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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