Marriage of Burris, In re, KCD
| Decision Date | 31 October 1977 |
| Docket Number | No. KCD,KCD |
| Citation | 557 S.W.2d 917 |
| Parties | In re MARRIAGE OF James Herschel and Jo Ann Madorin BURRIS. James Herschel BURRIS, Petitioner-Appellant, v. Jo Ann Madorin BURRIS, Respondent. 28533. |
| Court | Missouri Court of Appeals |
Collins & Grimm, Macon, for petitioner-appellant.
Wasinger & Parham, Hannibal, for respondent.
Before PRITCHARD, P. J., and SWOFFORD, C. J., and DIXON, J.
The husband appeals from the monetary provisions of a dissolution decree entered on his petition in the Circuit Court of Macon County. The complaint of error relates only to the division of marital property, the maintenance award, and the award for "back support money."
Before a statement of the factual background in this case, it will be well to posit the scope of review. The husband suggests that the standard of review is determined by Singleton v. Singleton, 525 S.W.2d 642 (Mo.App.1975). Singleton was decided in 1975, as the reported opinion discloses. Unfortunately, the opinion does not specifically note that the notice of appeal was filed in 1972, which indicates the trial court decided the issue in 1972. Under the provisions of Section 452.415(4) RSMo 1969, those facts make the prior divorce law applicable to that case. In any event, this court had adhered to the view that the review of dissolution proceedings is governed by Rule 73.01(3) as explicated in Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976).
Since a portion of the trial court's order must be reversed rather than affirmed, this case may not be disposed of under Rule 84.16. Two of the three points raised, however, relate solely to the trial court's fact finding role and may be summarily disposed of under Rule 73.01.
The husband claims the division of marital property is unjust, asserting that the wife received 88% of the marital property. The percentage received is a matter of dispute depending upon the estimates of value attributed to the various items of property. In any event, the trial court made express findings of value and a specific division of the property. The trial court listed the relevant factors to consider in a division of the marital property and set off to the wife as her share of the marital property the family home, the household goods, a car, and a life insurance policy with a cash value of $500. The court found the husband had separate property valued at approximately $40,000. The court found that the husband had been guilty of misconduct, which was the contributing factor to the irretrievable breakdown of the marriage. Considering, as the trial court did, that the relevant factors in the division of marital property, the...
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