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Michael J. Barbieri vs. Jessica A. Barbieri
Date: 01-25-2022
Case Number: ED108457
Judge: James M. Dowd
Court:
Missouri Court of Appeals
Eastern District
On appeal from The Circuit Court of St. Louis County
Plaintiff's Attorney: Susan M. Hais and Elliot I. Goldberger
Defendant's Attorney:
St. Louis, MO - Divorce Lawyer Directory
St. Louis, MO - Divorce Lawyer Directory
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Description:
St. Louis, Missouri divorce lawyer represented Appellant a judgment dissolving marriage.
Appellant Jessica A. Barbieri (Wife) and Respondent/Cross–Appellant Michael J. Barbieri
(Husband) both appeal the trial court's July 10, 2019 judgment dissolving their marriage. In her
appeal, Wife brings six points of error: (1) That because the trial court failed to rule on the post–
trial motions within 90 days after the last such motion was filed, the judgment became final on
November 7, 2019, whereupon the trial court lost jurisdiction thus rendering its November 12,
2019 amended judgment a nullity; (2) That the trial court abused its discretion by miscalculating
the division of the profits from the sale of the marital home; (3) That the trial court erred in its
findings regarding Wife's squandering of marital assets, subjecting her to the potential for double
liability; (4) That the trial court abused its discretion in connection with the amount of the PDI
distributions she owed Husband; (5) That the trial court abused its discretion in connection with
the length of time Husband owed Wife retroactive child support; and (6) That the judgment's
disposition of certain items of marital property was in conflict with Attachment A to the judgment.
Wife also seeks this Court's order that Husband pay one–half the cost of the transcript for this
appeal pursuant to Rule 81.12(h).
In his cross–appeal, Husband claims the court erred in six instances: (1) In granting any
amount of maintenance to Wife whether current or retroactive; (2) In its computation of the
amount of retroactive child support and in its determination was required to pay any portion of
Daughter's college expenses; (3) In failing to consider several matters, including the testimony
of witness Kevin Meyers, resulting in its erroneous calculation of the amount of Wife's gambling
losses; (4) By deviating from the parties' agreed–upon PDL when calculating the profits of PDI
that were meant to be split evenly between them; (5) In its determinations as to the parties' tax
liability, including its determination that Husband did not have a legitimate claim to "innocent
2
spouse status†in connection with the parties' state tax liability; (6) In ordering Husband to pay
$50,000 of Wife's attorney's fees; and (7) In ordering a 50-50 division of the marital estate when
Wife's egregious marital misconduct warranted a 70-30 division in his favor. The Court has
dismissed Husband's points (2) and (5) as multifarious in violation of Rule 84.04.
Outcome:
Affirmed in part; reversed and remanded in part with instructions.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Michael J. Barbieri vs. Jessica A. Barbieri?
The outcome was: Affirmed in part; reversed and remanded in part with instructions.
Which court heard Michael J. Barbieri vs. Jessica A. Barbieri?
This case was heard in <center><h5><b> Missouri Court of Appeals
Eastern District </b>
<br></h5>
<font color="green"><i><h4>On appeal from The Circuit Court of
St. Louis County </i></font></center></h4>, MO. The presiding judge was James M. Dowd.
Who were the attorneys in Michael J. Barbieri vs. Jessica A. Barbieri?
Plaintiff's attorney: Susan M. Hais and Elliot I. Goldberger. Defendant's attorney: St. Louis, MO - Divorce Lawyer Directory
Tell MoreLaw About Your Litigation Successes and MoreLaw Will Tell the World.
Re: MoreLaw National Jury Verdict and Settlement
Counselor:
MoreLaw collects and publishes civil and criminal litigation information from the state and federal courts nationwide. Publication is free and access to the information is free to the public.
MoreLaw will publish litigation reports submitted by you free of charge
Info@MoreLaw.com - 855-853-4800.
When was Michael J. Barbieri vs. Jessica A. Barbieri decided?
This case was decided on January 25, 2022.
St. Louis, Missouri divorce lawyer represented Appellant a judgment dissolving marriage.
Appellant Jessica A. Barbieri (Wife) and Respondent/Cross–Appellant Michael J. Barbieri
(Husband) both appeal the trial court's July 10, 2019 judgment dissolving their marriage. In her
appeal, Wife brings six points of error: (1) That because the trial court failed to rule on the post–
trial motions within 90 days after the last such motion was filed, the judgment became final on
November 7, 2019, whereupon the trial court lost jurisdiction thus rendering its November 12,
2019 amended judgment a nullity; (2) That the trial court abused its discretion by miscalculating
the division of the profits from the sale of the marital home; (3) That the trial court erred in its
findings regarding Wife's squandering of marital assets, subjecting her to the potential for double
liability; (4) That the trial court abused its discretion in connection with the amount of the PDI
distributions she owed Husband; (5) That the trial court abused its discretion in connection with
the length of time Husband owed Wife retroactive child support; and (6) That the judgment's
disposition of certain items of marital property was in conflict with Attachment A to the judgment.
Wife also seeks this Court's order that Husband pay one–half the cost of the transcript for this
appeal pursuant to Rule 81.12(h).
In his cross–appeal, Husband claims the court erred in six instances: (1) In granting any
amount of maintenance to Wife whether current or retroactive; (2) In its computation of the
amount of retroactive child support and in its determination was required to pay any portion of
Daughter's college expenses; (3) In failing to consider several matters, including the testimony
of witness Kevin Meyers, resulting in its erroneous calculation of the amount of Wife's gambling
losses; (4) By deviating from the parties' agreed–upon PDL when calculating the profits of PDI
that were meant to be split evenly between them; (5) In its determinations as to the parties' tax
liability, including its determination that Husband did not have a legitimate claim to "innocent
2
spouse status†in connection with the parties' state tax liability; (6) In ordering Husband to pay
$50,000 of Wife's attorney's fees; and (7) In ordering a 50-50 division of the marital estate when
Wife's egregious marital misconduct warranted a 70-30 division in his favor. The Court has
dismissed Husband's points (2) and (5) as multifarious in violation of Rule 84.04.
About This Case
What was the outcome of Michael J. Barbieri vs. Jessica A. Barbieri?
The outcome was: Affirmed in part; reversed and remanded in part with instructions.
Which court heard Michael J. Barbieri vs. Jessica A. Barbieri?
This case was heard in <center><h5><b> Missouri Court of Appeals Eastern District </b> <br></h5> <font color="green"><i><h4>On appeal from The Circuit Court of St. Louis County </i></font></center></h4>, MO. The presiding judge was James M. Dowd.
Who were the attorneys in Michael J. Barbieri vs. Jessica A. Barbieri?
Plaintiff's attorney: Susan M. Hais and Elliot I. Goldberger. Defendant's attorney: St. Louis, MO - Divorce Lawyer Directory Tell MoreLaw About Your Litigation Successes and MoreLaw Will Tell the World. Re: MoreLaw National Jury Verdict and Settlement Counselor: MoreLaw collects and publishes civil and criminal litigation information from the state and federal courts nationwide. Publication is free and access to the information is free to the public. MoreLaw will publish litigation reports submitted by you free of charge Info@MoreLaw.com - 855-853-4800.
When was Michael J. Barbieri vs. Jessica A. Barbieri decided?
This case was decided on January 25, 2022.