State of Missouri, Department of Social Services, Family Support Division, Plaintiff/Appellant and Adrienne M. Anderson n/k/a Jordan, Plaintiff, v. Gregory L. Anderson, Defendant/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: State of Missouri, Department of Social Services, Family Support Division, Plaintiff/Appellant and Adrienne M. Anderson n/k/a Jordan, Plaintiff, v. Gregory L. Anderson, Defendant/Respondent. Case Number: ED89624 Handdown Date: 06/29/2007 Appeal From: Circuit Court of St. Louis County, Hon. Dennis Neil Smith Counsel for Appellant: Rebecca Holt Kuether, Andrienne Anderson, Pro Se Counsel for Respondent: Gregory Louis Anderson, Pro Se Opinion Summary: State of Missouri, Department of Social Services, Family Support Division, appeals from the trial court denying its motion to review and approve a proposed modification of a judicial order. The division moved to review and approve a proposed modification of a judicial order, which would have modified the amount of child support owed by Gregory Anderson. The trial court wrote "denied" on the proposed modification and then signed and dated its denial. DISMISSED. Division Five holds: Because the trial court's writing on motion that it was "denied" is not denominated a judgment as required by Rule 74.01(a), we dismiss the appeal for lack of jurisdiction. Citation: Opinion Author: Booker T. Shaw, Chief Judge Opinion Vote: APPEAL DISMISSED. Norton, J. and Cohen, J., Opinion:

State of Missouri, Department of Social Services, Family Support Division (Appellant) appeals from an order denying its motion to review and approve a proposed modification of a judicial order. The appeal is dismissed. This Court has an obligation to determine sua sponte whether it has jurisdiction to entertain an appeal, and if we lack jurisdiction, we should dismiss the appeal. Bryant v. City of University City, 105 S.W.3d 855, 856 (Mo. App. E.D. 2003). In a civil case, a judgment must be expressly denominated "judgment" or "decree" to be appealable. Rule 74.01(a); Williams v. Imperial Homes, Inc., 169 S.W.3d 554, 555 (Mo. App. E.D. 2005). In designating the writing a "judgment," it must be clear from the writing that the trial court is calling the document or docket sheet entry a judgment. City of St. Louis v. Hughes, 950 S.W.2d 850, 853 (Mo. banc 1997). Here, Appellant filed a motion to review and approve a proposed modification of a judicial order, which would modify the amount of child support owed by Gregory Anderson (Respondent). The trial court wrote, "Denied" on the proposed modification and then signed and dated its denial. This denial is not denominated a judgment as required by Rule 74.01(a). We issued an order directing Appellant to show cause why its appeal should not be dismissed and providing Appellant an opportunity to ask the circuit court to enter a judgment that complied with Rule 74.01(a). Appellant has failed to respond to our order and has not filed a judgment complying with Rule 74.01(a). We dismiss the appeal without prejudice for lack of a final, appealable judgment. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.