In re Marriage of Tanner, ED 88349.

• Decision Date: 19 February 2008
• Docket Number: No. ED 88585.,No. ED 88349.,ED 88349.,ED 88585.
• Citation: 245 S.W.3d 922
• Parties: In re the MARRIAGE OF Lindell Lee TANNER and Kathleen Tanner Lindell Lee Tanner, Petitioner/Appellant/Cross-Respondent, v. Kathleen Tanner, Respondent/Respondent/Cross-Appellant.
• Court: Missouri Court of Appeals

245 S.W.3d 922 In re the MARRIAGE OF Lindell Lee TANNER and Kathleen Tanner
Lindell Lee Tanner, Petitioner/Appellant/Cross-Respondent,
v.
Kathleen Tanner, Respondent/Respondent/Cross-Appellant. No. ED 88349. No. ED 88585. Missouri Court of Appeals, Eastern District, Division One. February 19, 2008.

Lawrence G. Gillespie, Gillespie Hetlage & Coughlin LLC, Clayton, MO, for appellant.

Lance R. Drury, Law Firm of Lance R. Drury, Ste. Genevieve, MO, for respondent.

Before KATHIANNE KNAUP CRANE, P.J., ROBERT G. DOWD, JR., J., and KENNETH M. ROMINES, J.

PER CURIAM.

Husband appeals from a decree of dissolution of marriage and wife cross-appeals. Husband asserts that the trial court erred in failing to identify the separate property of each party prior to allocating the marital property, failing to include in the decree a legal description of the real estate, and in awarding wife statutory modifiable maintenance in the amount of $350 per month. Wife contends that the trial court erred in distributing a disproportionate amount of marital property to husband. We reverse the judgment with respect to the omission of the legal descriptions of the two parcels of real estate subject to the decree and remand with directions. We affirm the remainder of the judgment pursuant to Rule 84.16(b).

Lindell Lee Tanner [husband] and Kathleen Tanner [wife] were married on June 6, 1980. One child was born of the marriage but was emancipated at the time of trial. Husband filed a petition for dissolution on April 25, 2005, and wife filed a counter-petition for dissolution.

245 S.W.3d 923

After a multiday trial in late 2005 and early 2006, the trial court entered a judgment on May 2, 2006. It awarded to husband a ten acre parcel of real estate on Misplay Road and the mobile homes thereon, which had been the parties' marital residence, and any and all interests in real property located in the State of Arkansas. It also divided the parties' personal property. It found that wife lacked sufficient property to provide for her reasonable needs and that she was unable to support herself through appropriate employment. It awarded wife $350.00 per month as statutory modifiable maintenance.

Husband thereafter filed a motion to amend the trial court's order of dissolution and an alternative motion for a new trial. After the hearing, the trial court ordered an insurance check received after dissolution to be allocated to husband, but did not otherwise amend the judgment.

DIS ...