Brian Oldham, Appellant v. Lorrie Oldham, Respondent.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Western District Case Style: Brian Oldham, Appellant v. Lorrie Oldham, Respondent. Case Number: WD66747 Handdown Date: 05/01/2007 Appeal From: Circuit Court of Clinton County, Hon. Paul Luckenbill, Jr., Judge Counsel for Appellant: Patrick D. Beeman Counsel for Respondent: Lorrie Oldham Opinion Summary: Brian Oldham appeals the judgment dissolving his marriage to Lorrie Oldham. He contends the trial court erred in awarding maintenance because the evidence was insufficient to support the judgment. DISMISSED. Division Three holds: The appeal is dismissed because the record on appeal does not include all documents necessary for this court to determine the sufficiency of the evidence. Citation: Opinion Author: Lisa White Hardwick, Judge Opinion Vote: DISMISSED. Lowenstein, P.J. and Ellis, J., concur Opinion: 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),(FN1) 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. Footnotes: FN1.All Rule citations are to Missouri Rules of Civil Procedure (2007) unless otherwise noted. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.