Geraldine Griffin, Petitioner/Respondent, v. Anthony Griffin, Respondent/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: Geraldine Griffin, Petitioner/Respondent, v. Anthony Griffin, Respondent/Appellant. Case Number: 73562 Handdown Date: 12/15/1998 Appeal From: Circuit Court of St. Louis County, Hon. Samuel J. Hais Counsel for Appellant: Bradley S. Dede Counsel for Respondent: Harvey I. Feldman Opinion Summary: Husband appeals from a judgment in a dissolution case. DISMISSED. Division Three holds: The notice of appeal, which was filed more than ten days after judgment became final, was untimely. Citation: Opinion Author: PER CURIAM. Opinion Vote: DISMISSED. Simon, P.J., Crane and Mooney, JJ., concur. Opinion: Husband, Anthony Griffin, appeals from a judgment of the trial court dissolving his marriage to wife, Geraldine Griffin, and distributing their marital property. We dismiss the appeal because husband's notice of appeal was untimely filed. Although neither party raises the issue of timeliness of this appeal, we must address the question of appellate jurisdiction sua sponte. Committee for Educational Equality v. State, 878 S.W.2d 446, 450 (Mo. banc 1994). A timely filing of a notice of appeal is a jurisdictional requirement; if the notice of appeal is untimely, we are without jurisdiction and must dismiss the appeal. Rogiers v. Boatmen's Trust Co., 918 S.W.2d 285, 286 (Mo. App. 1996).

Rule 81.04(a) provides that an appeal must be filed no later than ten days after the judgment becomes final. If no motion for new trial is filed, a judgment becomes final thirty days after it is entered by the trial court. Rule 81.05(a). The record in this case discloses that the judgment and decree was filed on September 30, 1997. The judgment therefore became final on October 30, 1997. The notice of appeal was due by November 10, 1997 but was not filed until November 21, 1997.(FN1) We accordingly have no jurisdiction. Appeal dismissed.

Footnotes: FN1.We note that the notice of appeal states that an after trial motion was filed on October 7, 1997 and was decided on November 6, 1997. The after trial motion is not filed with this court and is not included in the minutes of the trial court as required by Rule 81.12(a). Even if an after trial motion was decided on November 6, 1997, the November 21 notice of appeal was untimely because it would have been due on November 17, 1997. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.