Sandra Rogger, Respondent, v. Robert L. Rogger, Appellant, v. Tosha Rogger, 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: Sandra Rogger, Respondent, v. Robert L. Rogger, Appellant, v. Tosha Rogger, Respondent. Case Number: 72831 Handdown Date: 05/26/1998 Appeal From: Circuit Court of St. Louis County Counsel for Appellant: Richard Scott Bender Counsel for Respondent: Henry T. Vogt Opinion Summary: Robert L. Rogger appeals from the order entered by a family court commissioner in the St. Louis County circuit court denying his motion to find Tosha Rogger in contempt of a prior court order. DISMISSED. Division One holds: The appeal must be dismissed because the judgment, though denominated a "judgment," is not signed by a judge as mandated by our state's constitution and, therefore, is not final and appealable. Citation: Opinion Author: Gary M. Gaertner, Judge Opinion Vote: DISMISSED. Grimm, P.J., and Pudlowski, J., concur. Opinion: Appellant, Robert L. Rogger, appeals from the order entered by a family court commissioner in the Circuit Court of St. Louis County denying appellant's motion to find respondent, Tosha Rogger, in contempt of a prior court order.(FN1) We dismiss. Recently, our Supreme Court ruled documents which purport to be appealable judgments must be signed

by a judge as mandated by our state constitution. Slay v. Slay, Slip Op. Nos. 80405, 80406, and 80407 at 2 (Mo.banc March 24, 1998). Here, the document, though denominated a "judgment," is signed only by the commissioner who heard the case. Accordingly, there is no final judgment from which the parties may appeal. The appeal is dismissed. Footnotes: FN1. Sandra Rogger is not a party to this appeal. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.