Missouri Court of Appeals, Eastern District / Aug 28, 2018
J.M.Z., Respondent, vs. D.L.M., Appellant.
Father appealed a trial court's judgment ordering him to pay $5,500 in guardian ad litem (GAL) fees after he voluntarily dismissed his motion to modify a paternity judgment. The appellate court reversed and remanded, holding that the trial court lacked jurisdiction to award post-dismissal GAL fees because the current version of Section 452.423.5, RSMo, no longer classifies such fees as discretionary costs. However, the court found that a pre-dismissal order for GAL fees became a final, enforceable judgment upon the voluntary dismissal of the underlying action.