Elaine Sturgeon, Petitioner/Respondent, v. Charles Sturgeon, Appellant.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: Elaine Sturgeon, Petitioner/Respondent, v. Charles Sturgeon, Appellant. Case Number: 72855 Handdown Date: 09/22/1998 Appeal From: Circuit Court of St. Louis County, Hon. Victoria McKee Counsel for Appellant: Charles Sturgeon, Pro Se Counsel for Respondent: Frank Susman and Norton Beilenson Opinion Summary: Husband appeals from four orders, each denominated "Judgment," entered on June 6, 1997 by Family Court Commissioner Victoria McKee. The orders (1) denied husband's motion for attorney fees on appeal, (2) denied husband's motion for a new trial "as to issues on motion to modify," (3) amended the findings of the decree of dissolution and (4) denied husband's motion to amend a contempt order entered November 14, 1996. DISMISSED. Division One holds: The appeal must be dismissed because the order, even though denominated "judgment," was not signed by a judge and was therefore not appealable. Citation: Opinion Author: Clifford H. Ahrens, Judge Opinion Vote: DISMISSED. Pudlowski, P.J., and Crandall Jr. J., concur. Opinion: Husband appeals from four orders, each denominated "Judgment," entered on June 6, 1997 by Family Court Commissioner Victoria McKee. The orders (1) denied husband's motion for attorney fees on appeal, (2) denied husband's motion for a new trial "as to issues on motion to modify," (3) amended the findings of the decree of dissolution and (4)

denied husband's motion to amend a contempt order entered November 14, 1996. Husband filed a pro se notice of appeal on July 15, 1997. The Minutes of Proceedings reflect that the orders have not been signed by any person other than Commissioner McKee. We dismiss the appeal. As a point of reference, we recognize that a party may appeal from any final judgment. See Rule 81.01; section 512.020, RSMo 1994. Rule 74.01(a) provides that: "Judgment" as used in these rules includes a decree and any order from which an appeal lies. A judgment is rendered when entered. A judgment is entered when a writing signed by the judge and denominated "judgment" or "decree" is filed. A judgment may be a separate document or included on the docket sheet of the case. Under this rule, a judgment must be (1) in writing, (2) signed by the judge, (3) denominated "judgment" and (4) filed. Chambers v. Easter Fence Co., Inc., 943 S.W.2d 863, 865 (Mo. App. 1997). As the Missouri Supreme Court recently stated: [a]lthough the documents filed in [this] case[] are denominated "judgment," they are not signed by a judge. Because the documents are not signed by a person selected for office in accordance with and authorized to exercise judicial power by article V of the state constitution, no final and appealable judgment has been entered . . . . Slay v. Slay, Nos. 80405 to 80407, 1998 WL 130815 at **1 (Mo. banc March 24, 1998). Commissioner McKee was not selected for office in accordance with article V of the Missouri Constitution, therefore this court is without jurisdiction to hear husband's appeal. Id.; Sturgeon v. Sturgeon, No. 72478 slip op. at 2 (Mo. App. 1998). The appeal is dismissed for lack of appellate jurisdiction. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.