In re the Marriage of McGee

• Decision Date: 15 February 2000
• Citation: 25 S.W.3d 489
• Parties: (Mo.App. E.D. 2000) In Re the Marriage of: Wilbert McGee, Respondent, v. Shirley McGee, Appellant. Case Number: ED75848 Missouri Court of Appeals Eastern District Handdown Date: 0
• Court: Missouri Court of Appeals

25 S.W.3d 489 (Mo.App. E.D. 2000)

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

In Re the Marriage of: Wilbert McGee, Respondent, v. Shirley McGee, Appellant.

Case Number: ED75848

Missouri Court of Appeals Eastern District

Handdown Date: 02/15/2000

Appeal From: Circuit Court of St. Louis County, Hon. Joseph Goeke, III

Counsel for Appellant: Melvin L. Raymond

Counsel for Respondent: Steven M. Cohen

Opinion Summary: The wife appeals from the trial court judgment finding her in civil contempt and awarding the husband attorney's fees.

JUDGMENT OF CONTEMPT DISMISSED; JUDGMENT AWARDING ATTORNEY'S FEES AFFIRMED.

Division Four holds: (1) Because the wife purged herself of contempt, that part of judgment adjudging her in contempt is not appealable. (2) The trial court did not abuse its discretion in awarding attorney's fees to the husband.

Opinion Author: William H. Crandall, Jr., Presiding Judge

Opinion Vote: PART OF JUDGMENT ADJUDGING CONTEMPT DISMISSED. PART OF JUDGMENT AWARDING ATTORNEY'S FEES AFFIRMED. Hoff, J. and Crist, Sr. J., concur.

Opinion:

Wife, Shirley McGee, appeals from the judgment of the trial court finding her in civil contempt and awarding husband, Wilbert McGee, attorney's fees. We dismiss the appeal from that portion of the judgment finding wife in contempt and affirm that portion of the judgment awarding husband attorney's fees.

On May 5, 1998, the trial court entered a decree of dissolution of the parties' marriage awarding certain items of personal property to husband. On September 9, 1998, husband brought an action to enforce the judgment, because wife refused him access to the property awarded to him in the decree. The trial court issued an order entitling husband to go onto the premises of the marital home on October 5, 1998, from 9:00 a.m. until 1 p.m. to remove that property. After spending some time searching the premises, husband left without a chain saw, a table saw, and some books, because he could not locate them. He also left his truck in the driveway of the marital home, which wife later had towed.

Husband filed the present motion to enforce judgment and/or to hold wife in contempt. After a hearing, the trial court held wife in contempt for failing to comply with the court's order. The court sentenced wife to imprisonment until she paid $1,800.00 to husband or otherwise delivered the missing items to him. The court also ordered wife to pay $1,200.00 to husband for attorney's fees incurred in the contempt action. Wife...