Sharrie L. Popa, Appellant, v. William T. Popa, et al., Respondent.

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: Sharrie L. Popa, Appellant, v. William T. Popa, et al., Respondent. Case Number: 53985 Handdown Date: 05/26/1998 Appeal From: Circuit Court of Clay County, Hon. Michael W. Walker Counsel for Appellant: Alison K. Blessing and Susan E. Long Counsel for Respondent: Stephen V. Crain and James A. Fluker Opinion Summary: Sharrie Popa appeals from a decision by the Honorable Michael Walker, Family Court Commissioner for the Circuit Court of Clay County. She claims that the commissioner's "judgment" was erroneous in its division of William Popa's retirement plan and its order of visitation for the parties' three minor children. The document purporting to be the final judgment was not signed by a circuit court judge. DISMISSED. Division Two holds: Because the decision appealed from was that of the circuit court commissioner and was not a judgment of a judge authorized to exercise judicial power by Article V of the Missouri Constitution, this court lacks jurisdiction to consider this appeal under Slay v. Slay, No. 80405, slip op. at 2 (Mo. banc March 24, 1998). Therefore, the appeal is dismissed. Citation: Opinion Author: Patricia Breckenridge, Presiding Judge Opinion Vote: DISMISSED. Lowenstein and Spinden, J.J., concur. Opinion: Sharrie Popa appeals from a decision by the Honorable Michael W. Walker, Family Court Commissioner for the

Circuit Court of Clay County. She claims the commissioner's "judgment" was erroneous in its division of William Popa's retirement plan and its order of visitation for the parties' three minor children. The document purporting to be the final judgment was not signed by a circuit court judge. Commissioner Walker executed a "Judgment of Dissolution of Marriage," and then an "Amended Judgment of Dissolution of Marriage" and a "Second Amended Judgment of Dissolution of Marriage." No judge took action with respect to these documents. This court lacks jurisdiction to consider an appeal from a decision of a circuit court commissioner which has not been adopted by the circuit court itself. Slay v. Slay, No. 80405, slip op. at 2 (Mo. banc March 24, 1998). See also Chapman v. Chapman, No. 53813, slip op. at 2 (Mo. App. April 7, 1998); In re Marriage of Lindsay, 962 S.W.2d 467 (Mo. App. 1998). Since the circuit court failed to issue a judgment in this case and because the order appealed from is of a commissioner who is "not authorized to exercise judicial power by Article V of the Missouri Constitution, we do not have jurisdiction to consider the appeal." Chapman, slip op. at 2. Therefore, this court dismisses Wife's appeal for lack of appellate jurisdiction. All concur. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.