Missouri Court of Appeals, Eastern District / Jan 17, 2023
Gina Kalish, Respondent, vs. James Kalish, Appellant.
James Kalish (Husband) appealed the trial court's denial of his motion to set aside a 2014 order nunc pro tunc. The 2014 order purported to correct a 2013 divorce judgment by granting Gina Kalish (Wife) the entire pension instead of half. The appellate court agreed that the 2014 order was an improper modification of a final judgment, not a mere clerical error. However, the court affirmed the denial of Husband's motion because his six-year delay in filing the motion was not within a "reasonable time" as required by Rule 74.06(c).