Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
In re the Marriage of: Alexander Schiele v. Corinne Durnal
Date: 06-26-2023
Case Number: 18AP-FC00843
Judge: Jerry Lee Holcomb
Court: Circuit Court, Jasper County, Missouri
Plaintiff's Attorney:
Click Here For The Best Joplin Divorce Lawyer Directory
Defendant's Attorney:
Click Here For The Best Joplin Divorce Lawyer Directory
Description:
Joplin, Missouri family law lawyers represented the husband and wife in a divorce case.
Alexander Schiele ("Father") appeals the June 1, 2022 amended judgment (the "amended judgment") of the trial court. In a single point on appeal, Father argues the trial court erred as a matter of law in entering the amended judgment as a nunc pro tunc judgment "because Rule 74.06(a) only allows a judgment to be amended nunc pro tunc to correct clerical errors and amending the judgment to add a provision ordering Father to pay child support ... changed the judgment not just the record."1 Because the prior September 27, 2021 judgment (the "September 2021 judgment") did not address all issues raised by the parties and specifically did not include a dollar amount for the child support award, the September 2021 judgment was merely an interlocutory order, not a final judgment. The trial court retained jurisdiction to enter a final judgment, which it did by the amended judgment.
Schiele v. Durnal, 670 S.W.3d 482 (Mo. App. 2023)
Alexander Schiele ("Father") appeals the June 1, 2022 amended judgment (the "amended judgment") of the trial court. In a single point on appeal, Father argues the trial court erred as a matter of law in entering the amended judgment as a nunc pro tunc judgment "because Rule 74.06(a) only allows a judgment to be amended nunc pro tunc to correct clerical errors and amending the judgment to add a provision ordering Father to pay child support ... changed the judgment not just the record."1 Because the prior September 27, 2021 judgment (the "September 2021 judgment") did not address all issues raised by the parties and specifically did not include a dollar amount for the child support award, the September 2021 judgment was merely an interlocutory order, not a final judgment. The trial court retained jurisdiction to enter a final judgment, which it did by the amended judgment.
Schiele v. Durnal, 670 S.W.3d 482 (Mo. App. 2023)
Outcome:
We affirm the amended judgment.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of In re the Marriage of: Alexander Schiele v. Corinne Durnal?
The outcome was: We affirm the amended judgment.
Which court heard In re the Marriage of: Alexander Schiele v. Corinne Durnal?
This case was heard in Circuit Court, Jasper County, Missouri, MO. The presiding judge was Jerry Lee Holcomb.
Who were the attorneys in In re the Marriage of: Alexander Schiele v. Corinne Durnal?
Plaintiff's attorney: Click Here For The Best Joplin Divorce Lawyer Directory. Defendant's attorney: Click Here For The Best Joplin Divorce Lawyer Directory.
When was In re the Marriage of: Alexander Schiele v. Corinne Durnal decided?
This case was decided on June 26, 2023.