State v. Pettaway

81 S.W.3d 126, 2002 Mo. App. LEXIS 809, 2002 WL 654169
CourtMissouri Court of Appeals
DecidedApril 23, 2002
DocketNo. WD 59938
StatusPublished
Cited by1 cases

This text of 81 S.W.3d 126 (State v. Pettaway) 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
State v. Pettaway, 81 S.W.3d 126, 2002 Mo. App. LEXIS 809, 2002 WL 654169 (Mo. Ct. App. 2002).

Opinion

LISA WHITE HARDWICK, Judge.

Ray Pettaway appeals the trial court’s judgment of child support arrearage after remand from this Court in State v. Pettaway, 22 S.W.3d 205 (Mo.App. W.D.2000). He asserts: 1) the trial court’s judgment exceeded the scope of remand; 2) the trial court erred in excluding evidence of his credit history; and 3) the evidence was insufficient to support the court’s judgment. We affirm.

[129]*129Factual and Procedural History

The relevant facts, as largely set forth in our prior opinion, Pettaway, 22 S.W.3d at 206, are as follows:

Pettaway is the natural father of Ray Clark, born April 10, 1975, and Renard Clark, born March 26, 1977. On May 2, 1990, the Jackson County Circuit Court ordered Pettaway to pay $250 per month in child support beginning June 15, 1990. The court further found Pettaway owed $5,403.20 in back child support, which had been paid to the natural mother (Mother) by the State in the form of public assistance. Pettaway was ordered to reimburse the State $25 per month beginning June 15, 1990, until this arrearage was paid in full.

On June 7, 1994, the court reduced Pett-away’s child support obligation to $175 per month due to Ray’s emancipation. The reduced payment included $125 in support for Renard and $50 toward the arrearage. The court noted Pettaway was then $7,914.31 in arrears and stated, “this order does not affect previous orders for support due, but not yet paid, which sums accrued prior to the dates the support obligations are terminated by virtue of this order.”

On July 1, 1996, Pettaway moved for termination of child support for Renard, who turned age eighteen on March 26, 1995. He also requested that monthly payments he had made for both Ray and Renard, from the time of their eighteenth birthday until the time each of the emancipation orders were entered, be applied to his arrearage obligation. Following a hearing on August 12, 1996, the court declared Renard emancipated and ordered “any alleged payments upon arrearage in child support as of this date shall cease.”

One year later, the Division of Child Support Enforcement (DCSE) moved to be added as a necessary party in the child support case and to set aside the order of August 12,1996. DCSE claimed Pettaway owed $6,283.22 in “assigned support” and $5,403.20 in “State Debt.” The trial court sustained DCSE’s motion and set aside its prior order.

On January 7, 1999, Pettaway filed a motion seeking a refund of $2,218.40 based on his alleged overpayment of child support. The court sustained the refund motion, and DCSE appealed to this court. We reversed the trial court’s refund judgment as unsupported by substantial evidence, finding that:

Based on the trial court’s orders of May 2,1990, and June 7,1994, according to our calculations, Pettaway should have paid $11,375 in current ongoing child support and $1,650 toward the past due amount up to the date of Renard’s emancipation on March 26, 1995. From the record before us, it appears Petta-way paid a total of either $4,295.69 or $7,425.17 during that period. Thus, giving Pettaway the benefit of the higher number, the record does not support the trial court’s judgment that Pettaway had overpaid child support in the amount of $2,218.40.

Pettaway, 22 S.W.3d at 208. We remanded the case for further proceedings, noting that “[i]f the court deems it advisable, it may permit presentation of additional evidence to ascertain the correct total of payments made by Mr. Pettaway.” Id, The mandate was issued August 2, 2000, reversing and remanding for “further proceedings in conformity with the opinion.”

Six months after the mandate was issued, DCSE filed a motion seeking determination of the amount of child support arrearage, an award of interest and costs, and for an amended payment schedule. Pettaway filed no response to the motion but requested rehearing on his refund motion. On March 7, 2001, the trial court [130]*130heard evidence on both motions and entered judgment against Pettaway for $5,681.88 in past due child support, $5,403.20 in state debt, $5,267.60 in interest, and $154.55 in costs. Pettaway appeals.

Point I: Proper Scope of Remand

Pettaway contends the trial court’s judgment went beyond the scope of remand as the only issue before the appeals court was his claim for a refund of overpaid child support. He argues the “law of the case” doctrine prohibited the trial court from determining whether he owed an arrearage.

The law of the case doctrine is well established in Missouri. Student Loan Mktg. Ass’n v. Raja, 914 S.W.2d 825, 829 (Mo.App. W.D.1996). Pursuant to this doctrine, prior decisions of the appellate court become the law of the case in any subsequent proceedings, and the trial court is without power to modify, alter, amend, or otherwise depart from those decisions. Id. In reviewing the actions of the trial court on remand, we look to the mandate in conjunction with the results contemplated by the appellate opinion. Tillis v. City of Branson, 975 S.W.2d 949, 951 (Mo.App. S.D.1998). The opinion is therefore construed as part of the mandate and must be used to interpret the mandate. Raja, 914 S.W.2d at 829.

Pettaway’s original appeal arose in the context of a child support case, wherein he motioned the court for a refund based on an alleged overpayment. The trial court granted the refund and DCSE appealed. We reversed the judgment, finding no evidence that Pettaway overpaid his child support and thereby concluding he was not entitled to a refund. We remanded the case for further proceedings, noting that the trial court could “permit presentation of additional evidence to ascertain the correct amount of payments by Mr. Petta-way.” The mandate, issued August 2, 2000, reversed and remanded the cause to the trial court “for further proceedings in the conformity with the opinion.”

Our mandate was a general mandate which allowed the trial court to “exercise” “discretion on the mechanics” of the case on remand. Raja, 914 S.W.2d at 829. We gave no specific instructions to enter a particular judgment; thus, the trial court had authority to hold hearings in its discretion and make rulings on unresolved issues in the case. See Noll v. Shelter Ins. Companies, 774 S.W.2d 147, 150 (Mo.banc 1989).

The effect of our appellate reversal was to vacate the refund judgment and leave Pettaway’s refund motion pending. Neither party requested rehearing on the motion immediately following the issuance of the mandate, and the trial court did not exercise discretion to hear additional evidence sua sponte.

On February 6, 2001, six months after the mandate was issued, DCSE filed a Motion to Establish Arrearage and for Amended Payment Schedule. Pettaway filed no response to the motion but requested rehearing on the issues raised in his motion for refund.

On March -7, 2001, the trial court held a hearing on all issues raised in the two pending motions.

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Related

State v. Kirk
134 S.W.3d 804 (Missouri Court of Appeals, 2004)

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81 S.W.3d 126, 2002 Mo. App. LEXIS 809, 2002 WL 654169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pettaway-moctapp-2002.