In Re Marriage of Kimberlee David Marshall and Karen L. Marshall

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: In Re Marriage of Kimberlee David Marshall and Karen L. Marshall Case Number: 54558 Handdown Date: 06/23/1998 Appeal From: Circuit Court of Jackson County, Hon. Sherrill L. Rosen Counsel for Appellant: William Fickle Counsel for Respondent: Jayne Pearman Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: Howard, P.J., Breckenridge and Spinden, J.J., concur. Opinion: Kimberlee David Dunham(FN1) appeals from a "judgment and decree of dissolution of marriage" entered on May 20, 1997, by The Honorable Sherrill L. Rosen, commissioner of the circuit court. We dismiss the appeal for lack of jurisdiction. The Supreme Court recently decided, in Slay v. Slay, No. 80405, slip op. (Mo. banc March 24, 1998), that this court lacks jurisdiction to consider an appeal from the findings and recommendations of a family court commissioner which have not been signed by a judge. See also State ex rel. York v.Daughery, No. 80742, slip op. (Mo. banc June 16, 1998). We find no record of a judgment entered by a person selected for office in accordance with, and authorized to exercise judicial power by, Article V of Missouri's constitution. Although Dunham asked the circuit court for a rehearing, the circuit court entered an order denying the request but did not indicate that it had reviewed the record or that it adopted the commissioner's decision. Nor did the circuit court designate its order a "judgment." Hence, no final, appealable judgment has been entered, and we lack jurisdiction to consider the appeal pursuant to Rule 74.01.

Footnote: FN1.When Dunham and Karen L. Riffle married, they took the surname Marshall. The commissioner ordered that Kimberlee Marshall's surname be changed to Dunham. Separate Opinion: This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.