Crawford v. Crawford

• Citation: 31 S.W.3d 451
• Parties: (Mo.App. W.D. 2000) . Brenda Kathleen Crawford, Respondent v. Larry Curtis Crawford, Appellant. Case Number: WD57668 Missouri Court of Appeals Western District Handdown Date:
• Decision Date: 07 November 2000
• Court: Missouri Court of Appeals

31 S.W.3d 451 (Mo.App. W.D. 2000)

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.

Brenda Kathleen Crawford, Respondent v. Larry Curtis Crawford, Appellant.

Case Number: WD57668

Missouri Court of Appeals Western District

Handdown Date: 11/07/2000

Appeal From: Circuit Court of Gentry County, Hon. Daren Lee Adkins

Counsel for Appellant: Thomas R. Summers

Counsel for Respondent: Tracy A. McFadin

Opinion Summary:

Larry Curtis Crawford (Husband) appeals the judgment of the trial court dissolving his marriage to Brenda K. Crawford (Wife). Husband argues that the court erred in ordering him to pay Wife $97,770.67 as partial distribution of the marital property because the award does not result in equal division of the marital property and because the award was based on the following trial court errors: (1) inclusion as marital property of one-half of the value of numerous certificates of deposit titled in the name of Husband and his children which were not marital property; (2) failure to include as marital debt a farm operation loan in the amount of $10,015.00; (3) declaring the amount of debt owed to Cory Crawford was $50,000 rather than the correct sum of $60,000; and (4) awarding Husband the sum of $9,885 as the value of crops growing on his land.

THE APPEAL IS DISMISSED AND THE CASE IS REMANDED TO THE TRIAL COURT TO

DISTRIBUTE THE REAL PROPERTY OF THE MARRIAGE.

Division Three holds: Where the trial court's judgment classified certain real property as marital but did not divide or distribute that marital property to the parties, the judgment was not final. The appeal is, therefore, dismissed, and the case is remanded to the trial court to distribute all of the property identified in the court's judgment as marital property.

Opinion Author: Robert G. Ulrich

Opinion Vote: DISMISSED AND THE CASE IS REMANDED TO THE TRIAL COURT TO

DISTRIBUTE THE REAL PROPERTY OF THE MARRIAGE. Smith, P.J., and Ellis, J., concur.

Opinion:

Larry C. Crawford (Husband) appeals the judgment of the trial court dissolving his marriage to Brenda K. Crawford (Wife). He claims that the trial court erred in ordering him to pay Wife $97,770.67 as partial distribution of the marital property because the award does not result in equal division of the marital property and because the award was based on the following trial court errors: (1) inclusion as marital property of one-half of the value of numerous certificates of deposit titled in the name of Husband and his children which were not marital property; (2) failure to include as marital debt a farm operation loan in the amount of $10,015; (3) declaring the amount of debt owed to Cory Crawford was $50,000 rather than the correct sum of $60,000; and (4) awarding Husband the sum of $9,885 as the value of crops growing on his land. Because the record reflects that the marital property remains undivided and undisposed, the trial court has not exhausted its jurisdiction and a final, appealable judgment does not exist. Hence, the appeal is dismissed and the case is remanded to the trial court to divide the remaining property.

FACTS

Husband and Wife were married July 15, 1976. Husband had been previously married and had a child, Jon, from the prior marriage. There were two children born of the marriage, Michael, born May 21, 1978, and Cory, born September 15, 1979. All children were emancipated at the time of trial.

During the marriage, Husband was primarily a farmer. He supplemented his income at times throughout the marriage by driving a truck part-time for Prime Tanning and working part-time at the ASCS Office. Wife was mainly a farmwife and mother. She helped run the farm while Husband was employed part-time. She started work for a factory in Grant City, Missouri after the separation.

Husband and Wife separated on October 17, 1998. Thereafter, Wife filed a petition for dissolution of marriage on November 24, 1998, asking the trial court to dissolve her marriage to Husband and divide the marital property and debt.

The trial court issued its judgment and decree of dissolution of marriage on July 29, 1999. Husband filed a motion to have the judgment amended, or in the alternative, a motion for a new trial, on August 23, 1999. The trial court issued an amended judgment and decree of dissolution of marriage on August 25, 1999. In its amended judgment, the trial court dissolved the parties' marriage, and classified and divided the marital property and debt. The judgment awarded Husband virtually all the personal property of the marriage and ordered Husband to make a $97,670.67 property equalization payment to Wife as partial division of the marital property. The judgment, however, failed to distribute, divide or dispose of the real property of the marriage.

Although neither party raised the issue of finality before the trial court or before this court on appeal, the finality of a judgment is a jurisdictional prerequisite and it is the duty of this court sua sponte to determine its jurisdiction. Spauldin v. Spauldin, 945 S.W.2d 665, 668 (Mo. App. W.D. 1997) (quoting Spence v. Spence, 922 S.W.2d 442 (Mo. App. S.D. 1996)). If a judgment is not final this court must then dismiss the appeal. Id.

The trial court's judgment is not final because it did not distribute all of the property identified as marital property as required by section 452.330, RSMo Cum. Supp. 1999. The trial court, therefore, has not exhausted its jurisdiction. The trial court must make a distribution of marital property that is definite and capable of enforcement. Hird v. Hird, 872 S.W.2d 605, 606 (Mo. App. W.D. 1994). Unless and until all marital property has been distributed, the trial court's judgment is not final. Id. (citing Ravenscroft v. Ravenscroft, 585 S.W.2d 270, 274 (Mo. App. W.D. 1979); Anspach v. Anspach, 557 S.W.2d 3, 6 (Mo. App. 1977)).

In this case, the property not distributed consists of:

1. One-half interest in...