Marriage of Adamson, In re, 13518
| Decision Date | 31 October 1984 |
| Docket Number | No. 13518,13518 |
| Citation | 680 S.W.2d 425 |
| Parties | In re the MARRIAGE OF Olen Dale ADAMSON and Barbara Jean Adamson. Olen Dale ADAMSON, Respondent, v. Barbara Jean ADAMSON, Appellant. |
| Court | Missouri Court of Appeals |
John S. Pratt, Springfield, for appellant.
James E. Baldwin, Donnelly, Baldwin & Wilhite, Lebanon, for respondent.
Barbara Jean Adamson ("Barbara") appeals from a judgment dissolving her marriage to Olen Dale Adamson ("Dale"). As explained herein, we find the judgment unappealable. Consequently, the appeal is dismissed.
Barbara and Dale were married February 24, 1954; they separated March 3, 1981. Dale filed a petition to dissolve the marriage on April 21, 1981. Barbara, in a "cross-petition," sought maintenance, attorney fees, and costs, together with "an equitable division of the marital property of the parties and an equitable apportionment of the marital debts."
Trial began March 4, 1983, some 22 months after the action was initiated. Dale testified he had agreed with Barbara that all of the marital real estate would be sold at public auction, together with certain marital personal property. Dale explained that the proceeds from the auction "would be deposited in an escrow account from which the liabilities owed from the farming operation, to which [Barbara] did not object, would be paid." Dale expected there would be some debts to which Barbara would object, and, as to those, the trial court would ultimately conduct a hearing to determine whether such debts "were legitimate claims against the proceeds from the sale of the farm and the personal property."
Certain personal property, itemized in writing and in Dale's testimony, was to be exempt from the auction. Evidently, the parties expected the trial court, after the auction, to resolve any disputes regarding those items, and to adjudicate "all remaining issues."
Barbara testified that "this proposed partial settlement of the matter by way of sale at public auction" was fair to her and Dale, and was agreeable to her. She asked the trial court "to approve this verbal separation agreement" and to order both parties to perform the terms thereof.
At the conclusion of this relatively brief hearing, the trial court took the cause under advisement "pending the filing of a written separation agreement." The court announced that after the agreement was filed, the court would "make the appropriate orders."
On April 7, 1983, a written agreement, bearing the parties' signatures, was filed in the trial court. It provided that, except for certain personal property, all property owned by the parties, "whether real, personal or mixed shall be sold in accordance with the terms of this agreement, and after payment of the joint debts of the parties, the proceeds of said sale shall be equitably divided between the parties pursuant to the court hearing as hereinafter provided." The agreement named the auctioneer, directing the court to appoint him a "special receiver" to conduct the sale and handle the proceeds.
The agreement confirmed that after the auction, a hearing would be held by the court "for the purpose of determining how and in what manner the proceeds from the aforementioned sale shall be disbursed between the parties, determining the legitimacy of alleged joint obligations incurred as a result of the farming operation, determining the ownership of certain items of contested personal property," and ruling upon Barbara's claims for maintenance, attorney fees and all other disputes.
Included in the agreement was a recitation that the parties believed it was conscionable, and a request by them that the court approve it. If approved, the agreement was to "be made a part of any court decree, by reference."
The agreement also contained a clause providing that each party "may bid on any item at said auction, the same as an independent or third party."
Under date of April 29, 1983, the trial court signed an order finding that the written agreement "is not unconscionable and should be approved." The order appointed the agreed-upon "special receiver" and provided for certain steps necessary in conducting the auction. The agreement authorized the receiver to accept bids by Barbara and Dale, and to permit them "to apply their reasonably anticipated revenues from the disposition of property toward the purchase price in lieu of cash."
As real estate was to be sold, the order empowered the receiver "to prescribe reasonable terms for completing the closing of the sale of any such property, to include authorization for proof of title or other conventional procedures reasonably utilized in commercial transactions to be provided as Sellers' expense." Expenses of sale, after approval by the court, were to be paid by the receiver from the sale proceeds. The receiver was "further authorized to pay upon specific approval by the Court, any and all encumbrances on property sold and delinquent taxes thereon necessary to permit transfer or conveyance of property sold free of encumbrance."
The receiver conducted the sale on May 14 and 15, 1983. At a hearing on July 27, 1983, the trial court learned what had occurred.
A "600 acre farm," the largest single item of marital property, was "purchased" by Dale for $156,000, evidently the highest bid. Dale was also high bidder on much of the personal property, including 36 of the 58 cattle auctioned, and certain machinery and household goods. Dale's bids on the personal property auctioned to him aggregated $39,066.50.
Barbara, acting through her brother, bid successfully on household goods totaling $780.
Dale, in payment for the real estate and personal property auctioned to him, gave the receiver a check for $54,666.50 and a note in the same amount. The receiver explained that this sum represented (a) the $39,066.50 owed by Dale for the personal property he bought, and (b) 10 per cent ($15,600) of the price of the real estate. At the time of the hearing on July 27, 1983, the note had not been paid, nor had the receiver "cashed" the check. The receiver did not know whether there were sufficient funds in Dale's bank account to pay the check.
As we understand Dale's testimony, there were two encumbrances on the real estate at the time of the auction. One, described as a "first mortgage," was in favor of The Federal Land Bank of St. Louis; the other, referred to as a "second mortgage," was in favor of the Farmers Home Administration, United States Department of Agriculture. The trial court found that at the time of the hearing on July 27, 1983, the amount owed the Land Bank was $106,245.07, and the amount owed Farmers Home Administration was $72,521.41, making an aggregate secured indebtedness against the real estate of $178,766.48. Those findings are unchallenged.
A Federal Land Bank official testified that said agency had approved a $140,000 loan to Dale to finance his pending purchase of the real estate. That loan, however, would not be made until 30 days after the "final property settlement." The official explained, ...
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Zahabi v. Zahabi, WD
...then the trial court has not exhausted its jurisdiction and, thus, there exists no final appealable judgment. In Re Marriage of Adamson, 680 S.W.2d 425, 428 (Mo.App.1984). In these circumstances, an appellate court has no jurisdiction. Frame v. Frame, 696 S.W.2d 332, 334 In the instant case......