State ex rel. Robin Hilburn v. Sherry Staeden (Ladlee)

62 S.W.3d 58 (Mo. banc 2001) · Supreme Court of Missouri · December 18, 2001 · No. SC 83455

Summary

The Supreme Court of Missouri dismissed the Attorney General's appeal from a circuit court order vacating an administrative child-support order. The court held that no final judgment had been entered because the circuit court's order was not denominated a judgment under Missouri Rule 74.01, and the later amended order removed the language treating it as final. The court explained that a direct appeal would be available once the circuit court entered a final judgment.

Holdings

  1. The circuit court did not enter a final judgment subject to appeal because its order was not denominated a judgment or decree as required by Rule 74.01(a).
  2. The circuit court could amend or withdraw the earlier order during the thirty-day period after entry, and the amended order superseded the earlier order's declaration of finality.
  3. A court may enter a final judgment when it grants all relief requested on one ground, even if alternative grounds or claims supporting the same relief remain unresolved.
  4. A writ will not issue when a direct appeal is available, and a direct appeal would be available once the circuit court entered a final judgment.

Questions Presented

  1. Whether the circuit court's order was a final judgment subject to direct appeal.
  2. Whether the circuit court's order disposed of the claims and relief requested in Staeden's petition despite leaving alternative grounds for relief unresolved.
  3. Whether extraordinary-writ relief was available when a direct appeal would become available after entry of a final judgment.

Disposition

dismissed

Cases Cited (7)

  • Slay v. Slay, 965 S.W.2d 845 (Mo. banc 1998)(followed_or_referenced)
  • Fowler v. Fowler, 984 S.W.2d 508 (Mo. banc 1999)(followed_or_referenced)
  • In re Marriage of Werths, 33 S.W.3d 541, 542 (Mo. banc 2000)(followed)
  • Boley v. Knowles, 905 S.W.2d 86, 88 (Mo. banc 1995)(followed)
  • Committee for Educ. Equality v. State, 878 S.W.2d 446 (Mo. banc 1994)(followed)
  • Gibson v. Brewer, 952 S.W.2d 239 (Mo. banc 1997)(followed)
  • State ex rel. K-Mart Corp. v. Holliger, 986 S.W.2d 165, 169 (Mo. banc 1999)(followed)

Cited In (0)

No citing cases on record yet.

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