James Edward Trail, Appellant, v. Linda Lee Trail, Respondent

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: James Edward Trail, Appellant, v. Linda Lee Trail, Respondent Case Number: ED87288 Handdown Date: 10/17/2006 Appeal From: Circuit Court of Gasconade County, Hon. Robert D. Schollmeyer Counsel for Appellant: Christopher W. Jensen Counsel for Respondent: Joseph R. Aubuchon and Charles A. Parmenter Opinion Summary: James Edward Trail (Husband) appeals the circuit court's judgment nunc pro tunc. James petitioned for dissolution of marriage; his wife Linda Lee Trail (Wife) answered and filed a cross-petition for dissolution. The court granted the dissolution, divided the marital property and ordered Husband to pay Wife monthly maintenance. Husband contends the court's property distribution and maintenance award were improper. REVERSED AND REMANDED. Division Three holds: Because the judgment nunc pro tunc omitted a $7,958 Safeco Life Insurance IRA previously awarded to Husband, it is impossible to determine the precise amount of property that was awarded to each party, and we cannot determine if the property distribution and maintenance award were fair and equitable. We remand to the trial court to reassess the marital property and render a final award. Citation: Opinion Author: Kenneth M. Romines, Judge Opinion Vote: REVERSED AND REMANDED. Norton, P.J., and Mooney, J., concur Opinion:

James Edward Trail (James) and Linda Lee Trail (Linda) married in 1965 and separated in 2002. James filed a Petition for Dissolution of Marriage in December 2003; Linda answered and filed a Cross-Petition for Dissolution. The Circuit Court of Gasconade County, the Honorable Robert D. Schollmeyer presiding, entered its original Judgment and Decree of Dissolution on 19 August 2005. The Court found James guilty of marital misconduct, in that he abused alcohol and failed to provide Linda emotional support. The Court divided the marital property, and found that Linda is unable to support herself through appropriate employment. The Court awarded Linda $1,000 monthly maintenance. On 11 January 2006, Linda filed a Motion for Judgment Nunc Pro Tunc, in which she asked the Court to include a legal description of real estate awarded to her. The Court entered its Judgment Nunc Pro Tunc on 23 January 2006. This judgment omits a $7958 Safeco Life Insurance IRA that was awarded to James in the original judgment. James argues that the Court erred when it awarded Linda a disproportionate share of the marital property. James also argues that the Court erred when it awarded Linda $1000 monthly maintenance. Because the Judgment Nunc Pro Tunc omits the $7958 Safeco Life Insurance IRA previously awarded to James, it is impossible to determine the precise amount of property that was awarded to each party. As such, it is impossible to determine if the marital property division was fair and equitable. Nelson v. Nelson, 25 S.W.3d 511, 517 (Mo. App. W.D. 2000). Likewise, because the record does not make clear the parties' assets, it is not possible to evaluate the maintenance award. We remand to the trial court to reassess the marital property division and render a final award. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.