In re the Marriage of Mark Alan Roemer, SD22495

CourtCourt of Appeal of Missouri (US)
Writing for the CourtPER CURIAM
Citation999 S.W.2d 754
PartiesIn re the Marriage of Mark Alan Roemer and Debra Lee Roemer. Mark Alan Roemer, Respondent, v. Debra Lee Roemer, Appellant. 22495 Missouri Court of Appeals Southern District 0
Docket NumberSD22495
Decision Date20 September 1999

In re the Marriage of Mark Alan Roemer and Debra Lee Roemer. Mark Alan Roemer, Respondent,
v.
Debra Lee Roemer, Appellant.

22495

Missouri Court of Appeals Southern District

09/20/99

Appeal From: Circuit Court of Greene County, Hon. Thomas E. Mountjoy

Counsel for Appellant: Richard D. Crites

Counsel for Respondent: No appearance.

Opinion Summary: None

Parrish and Shrum, JJ., concur.

John C. Crow, Presiding Judge

Debra Lee Roemer appeals from an "Order Striking Respondent's Pleadings and Reinstating Judgment and Decree." The procedural shoals this court must navigate are best charted by a chronology of the pertinent events.

March 24, 1997. Mark Alan Roemer, husband of Debra,(FN1) files pro se petition for dissolution of marriage in the Circuit Court of Greene County.

January 21, 1998. Mark appears before a Family Court commissioner.(FN2) Debra fails to appear.(FN3) The commissioner hears evidence and signs a "Judgment and Decree of Dissolution of Marriage,"(FN4) which is filed that day by the circuit clerk. The purported judgment, inter alia, sets apart to each party his or her non-marital property, divides the marital property, and assigns debts.(FN5)

January 26, 1998. Debra, by lawyer Richard D. Crites, files sundry motions including a "Motion to Set Aside Default Judgment and for Rehearing," a "Motion to File Answer and Counterpetition [sic] out of time," and a "Motion for Temporary Restraining Order." That same day (January 26, 1998), the commissioner who signed the purported judgment January 21, 1998, signs a "Temporary Restraining Order and Order to Show Cause." That document bars Mark from transferring or otherwise disposing of "marital or separate property of the parties" until further order of the court and commands Mark to appear on February 2, 1998, to show cause why, inter alia, the purported judgment of January 21, 1998, should not be set aside.

February 2, 1998. Docket entry by Circuit Judge J. Miles Sweeney(FN6): "PETR BY ATTY FOSSARD[(FN7)], RESP DOES NOT APPEAR. (BUT JUDGE MOUNTJOY IS NOT AVAILABLE, AND THAT MAY BE THE REASON ATTY CRITES DOES NOT APPEAR.) MOTION TO SET ASIDE DEFAULT JUDGMENT OF DISSOLUTION GRANTED. PETR ORDERED TO NOT SELL OR TRANSFER PROPERTY UNLESS WITH PERMISSION OF COURT. . . . "

February 10, 1998. Fossard,(FN8) identifying himself as attorney for Mark, mails "Petitioner's First Set of Interrogatories to Respondent" and "Petitioner's Request for Production of Documents to Respondent" to Crites. That same day, Fossard files certificate of service with circuit clerk.

May 26, 1998. Fossard files "Petitioner's Motion to Compel Respondent's Answers to Petitioner's First Set of Interrogatories and Request for Production of Documents." Motion alleges, inter alia: "[O]n April 14, 1998, [Fossard] sent a letter to [Crites] requesting that the interrogatories and request for production of documents be answered by April 20, 1998. As of this date, no answers and responses have been filed." Motion prays for an order compelling Debra to answer the interrogatories and respond to the request for production, and "for sanctions upon failure to answer, including attorney fees, and for such other and further relief as the Court deems just . . . ." Motion is accompanied by notice that Fossard will present the motion for hearing June 8, 1998, at 9:00 a.m.

June 8, 1998. Docket entry by commissioner: "Petitioner's attorney Fossard appears and Motion to compel is sustained. Respondent' spleading [sic] to be stricken unless discovery requests complied with no later than 20...

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