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Suzanne Beauchamp, f/k/a Suzanne Lusch, Appellant, v. Lawrence J. Lusch, Respondent.

Decision date: Unknown

Slip Opinion Notice

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Opinion

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: Suzanne Beauchamp, f/k/a Suzanne Lusch, Appellant, v. Lawrence J. Lusch, Respondent. Case Number: 73822 Handdown Date: 11/03/1998 Appeal From: Circuit Court of St. Charles County, Hon. Frank Conard Counsel for Appellant: Party Acting Pro Se Counsel for Respondent: Party Acting Pro Se Opinion Summary: Susan Lusch, n.k.a. Susan Beauchamp (Mother), appeals pro se that portion of the trial court's judgment holding her in contempt and fining her $10,000 for altering videotapes of her daughter that the dissolution decree required her to turn over to Father for copying. APPEAL DISMISSED. Division Two holds: Mother failed to file a transcript of the contempt hearing. Without a transcript, it is impossible to evaluate the sufficiency of the evidence to support the award. Citation: Opinion Author: PER CURIAM Opinion Vote: APPEAL DISMISSED. J. Dowd, P.J., Crahan and Teitelman, JJ., concur. Opinion: Susan Lusch, n.k.a. Susan Beauchamp ("Mother"), appeals pro se that portion of the trial court's judgment holding her in contempt and fining her $10,000 for altering videotapes of her daughter that the dissolution decree required her to turn over to Father for copying. On appeal Mother asserts two points of error, both of which challenge the sufficiency of the evidence to support the award either as civil or criminal contempt.(FN1) Mother, however, failed to file a transcript of the contempt hearing. Without a transcript, it is impossible to evaluate the sufficiency of the evidence to

support the award, and in the absence of such a record the appellate court has nothing to decide. Page v. Associated Couriers, Inc., 868 S.W.2d 138, 140 (Mo.App. 1993). Accordingly, we have no choice but to dismiss the appeal. Footnotes: FN1. In addition to the $10,000 fine, the court ordered Wife to pay the following amounts: $485.87 as reimbursement for reduction in Husband's annuity; $1,873 for items of personal property that Wife did not return to Husband; and $5,602 for Husband's attorney's fees. Wife's appeal contests only the $10,000 fine. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.

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