Elaine Sturgeon, 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, Respondent, v. Charles Sturgeon, Appellant. Case Number: 72478 Handdown Date: 05/26/1998 Appeal From: Circuit Court of St. Louis County Counsel for Appellant: Party Acting Pro Se Counsel for Respondent: Frank Susman and Norton Y. Beilenson Opinion Summary: Charles Sturgeon (Husband) appeals from a "judgment" entered on April 24, 1997 by a family court commissioner in the St. Louis County circuit court against him and in favor of Elaine Sturgeon (Wife). The judgment (1) granted Wife's motion for attorney's fees on appeal to be paid to her by Husband, and (2) denied Husband's motion for disbursement to him of the remainder of funds which had been placed in the registry of the court from the execution sale of his house. DISMISSED. Division Five holds: The appeal must be dismissed because the judgment, even though denominated a "judgment," was not signed by a judge and thus is not final and appealable. Citation: Opinion Author: PER CURIAM Opinion Vote: DISMISSED. Crahan, C.J., Teitelman, J., and Blackmar, Sr. J., concur. Opinion: Charles Sturgeon (Husband) appeals from a judgment entered on April 24, 1997 against him and in favor of Elaine Sturgeon (Wife) by Commissioner Victoria McKee. That judgment (1) granted Wife's motion for attorney's fees on appeal to be paid to her by Husband, and (2) denied Husband's motion for disbursement to him of the remainder of the funds which had been placed in the registry of the court from the execution sale of his house.

The judgment of April 24, 1997 was signed "Victoria McKee, Commissioner." It was neither counter-signed nor endorsed by a Circuit Judge or by an Associate Circuit Judge. Commissioner McKee herself, of course, is not a judge selected for office in accordance with and authorized to exercise judicial power by Article V of the Missouri Constitution. It follows that the order of April 24, 1997 signed by Commissioner McKee and denominated "Judgment" is not a final, appealable judgment and this appeal must therefore be dismissed for lack of jurisdiction. Slay v. Slay, Gray v. Gray, Bell v. Bell, Case Nos. 80405, 80406 and 80407 (Mo. banc, decided March 24, 1998). Accordingly, the appeal is dismissed. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.