ALLISON RENAE BOMAR v. ANTHONY SCOTT BOMAR (2026)

Introduction

Anthony Scott Bomar (“Husband”) appeals from the circuit court's judgment dissolving his marriage to Allison Renae Bomar (“Wife”). Husband raises five points on appeal challenging the circuit court's distribution of the marital estate, maintenance, and child support. Because the judgment does not divide all of the marital property, the appeal is dismissed for lack of a final judgment.

Background

Husband and Wife were married in 2002. During their marriage, Husband and Wife had two children; one is unemancipated.

Husband and Wife separated in 2020. Wife filed a petition for dissolution in 2023 and Husband filed a counter-petition. Both Husband and Wife filed statements of marital and non-marital assets and debts. Prior to trial, Husband's counsel was granted leave to withdraw representation of Husband. Husband tried the case pro se.

The circuit court issued its judgment dissolving Husband and Wife's marriage and dividing some, but not all, assets and debts. The judgment did not determine whether any asset was marital or separate. The judgment also failed to value any asset or debt. The judgment awarded Wife modifiable maintenance and determined child custody and support. After the circuit court issued this judgment, Husband secured counsel, who filed post-trial motions. The circuit court overruled Husband's motions following a hearing. Husband appeals.

Analysis

Prior to addressing any of Husband's points on appeal, “this Court is required to examine its jurisdiction sua sponte.” In re Marriage of Werths, 33 S.W.3d 541, 542 (Mo. banc 2000). “The right of appeal is ‘purely statutory.’ ” City of Harrisonville v. Missouri Dep't of Nat. Res., 681 S.W.3d 177, 182 (Mo. banc 2023) (quoting Meadowfresh Sols. USA, LLC v. Maple Grove Farms, LLC, 578 S.W.3d 758, 760 (Mo. banc 2019)). A prerequisite to appellate review is a final judgment. Section 512.020(5), RSMo 2016. “A judgment is a ‘final judgment’ for purposes of section 512.020(5) if it disposes of all claims ․ in a lawsuit.” Jefferson Cnty. 9-1-1 Dispatch v. Plaggenberg, 645 S.W.3d 473, 475 (Mo. banc 2022).

In a dissolution proceeding, a judgment is final only if the circuit court divides all of the parties’ assets. Navarro v. Navarro, 465 S.W.3d 912, 914 (Mo. App. 2015). The circuit court failed to divide all of the property in this case. Husband's statement of marital and non-marital assets and debts listed both Bomar Investment Property and Anthony Service Company as marital property and indicated both companies had bank accounts. At trial, Husband and Wife testified that Bomar Investment purchased marital property. Husband also testified that Bomar Investment and Anthony Service Company were entities used during the marriage. Additionally, the circuit court attached exhibits of a title insurance company and a general warranty deed identifying Bomar Investment Properties, LLC as the owner of real property the court divided. However, at no point did the circuit court classify or divide Bomar Investment Property and Anthony Service Company.

The circuit court's failure to divide all of the property means that it “has not rendered a final judgment from which an appeal can be taken.” Meltzer v. Meltzer, 775 S.W.2d 120, 120-21 (Mo. banc 1989) (quoting State ex rel. McClintock v. Black, 608 S.W.2d 405, 406 (Mo. banc 1980)). “If there is no final judgment, this Court lacks jurisdiction and must dismiss the appeal.” In re Marriage of Werths, 33 S.W.3d 541, 542 (Mo. banc 2000).

The effect of this dismissal is to recognize the jurisdiction of the [circuit] court to enter a new judgment covering the entire case. Because the [circuit] court has not been divested of jurisdiction, that court retains control over every phase of the case so that it may correct errors, or, in its discretion, modify or set aside orders or judgments until its jurisdiction is extinguished by the judgment becoming final and appealable. Either or both parties will then have the right to appeal the circuit court's new decree of dissolution.

Id. (quoting Pollard v. Pollard, 363 S.W.3d 386, 387-88 (Mo. App. 2012)).¹

Conclusion

This appeal is dismissed for lack of a final judgment.

FOOTNOTES

1.   This Court encourages the parties and the circuit court to apply the applicable statutory requirements for classifying and dividing property and debts, section 452.330, ordering maintenance, section 452.335, and calculating child support, section 542.340.

John P. Torbitzky, Presiding Judge

James M. Dowd, Judge and Lisa P. Page, Judge, concur.