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

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, Respondent, v. William T. Popa, et al., Appellant. Case Number: 54121 Handdown Date: 06/23/1998 Appeal From: Circuit Court of Clay County, Hon. Michael W. Walker Counsel for Appellant: Stephen V. Crain Counsel for Respondent: Alison K. Blessing Opinion Summary: None Citation: Opinion Author: Albert A. Riederer, Judge Opinion Vote: DISMISSED. Stith, P.J., Hanna and Riederer, J.J., concur. Opinion: William E. Popa and Eleanor Popa, intervenors below and grandparents of the children born of the marriage of William T. Popa and Sharrie L. Popa, appeal from a decision by the Honorable Michael W. Walker, Family Court Commissioner for the Circuit Court of Clay County. They claim that Commissioner Walker was without jurisdiction to try this case because they had timely filed a motion for a change of judge and the timely filing of such a motion deprived Commissioner Walker of jurisdiction to perform any act other than transferring the case to someone else for disposition. The document purporting to be the final judgment was not signed by a circuit 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 this appeal for lack of appellate jurisdiction. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.