WOODRUFF INDIVIDUALLY AND AS NEXT FRIEND OF ANELA REA NOELANI MATSUYO TOVES WOODRUFF v. KRISTY TOVES (2022)

ORDER

Now on this day, the Court again considers its authority in this case. Here, the trial court entered a judgment in the underlying paternity case on February 25, 2021, which became final on March 29, and a notice of appeal was then timely filed on April 6. Respondent's motion for attorney fees, however, was not filed until April 7 and the judgment thereon was not entered until October 14.

“If no timely authorized after-trial motion is filed, the judgment becomes final thirty days after its entry. Rule 81.05. The trial court loses jurisdiction over a case when the judgment entered in the case becomes final.” Hartman v. Logan, 602 S.W.3d 827, 833 (Mo.App. 2020). “Except as authorized by law, a circuit court loses jurisdiction over a case when a judgment becomes final. Following divestiture, any attempt by the trial court to continue to exhibit authority over a case, whether by amending the judgment or entering subsequent judgments, is void.” State ex rel. AJKJ, Inc. v. Hellmann, 574 S.W.3d 239, 242 (Mo.banc 2019) (citations omitted) (emphasis added).

Respondent contends that paternity cases should be treated in identical fashion as dissolution cases. However, attorney fee awards in dissolution cases are governed by section 452.355. The specific language of that statute provides the authority for a circuit court to award attorney's fees when the case is pending on appeal, to wit, “[t]he court from time to time ․ may order a party to pay ․ attorney's fees ․ incurred prior to the commencement of the proceeding or after entry of a final judgment.” Section 452.355.1 (RSMo 2016).

Stated differently, because an attorney fee award is authorized by law after entry of a final judgment, “the circuit court, and only the circuit court, has jurisdiction to consider and grant an award of attorney fees pursuant to section 452.355.” Goins v. Goins, 406 S.W.3d 886, 889 (Mo.banc 2013). “The judicial interpretation of the circuit court's jurisdiction under the previous divorce act's provision for alimony ‘pending the suit’ is readily applicable to the present act's provision for an award ‘from time to time’ of fees and costs incurred ‘after entry of judgment.’ ” Brucker v. Brucker, 607 S.W.2d 444, 445 (Mo.App. 1980).

Because the paternity statute (section 210.842) does not contain language similar to section 452.355, the general rules regarding jurisdiction apply, i.e., a circuit court has no jurisdiction to award attorney fees after a judgment becomes final and while the judgment is on appeal. In the Interest of P.L.O., 168 S.W.3d 716, 719 n.3 (Mo.App. 2005) (attorney fees based on section 211.462); State ex rel. Gehres v. Schneider, 144 S.W.3d 903, 904 (Mo.App. 2004) (attorney fees based on contract).

Such rulings on post-judgment motions are void. See AJKJ, Inc., 574 S.W.3d at 242-243; Allen v. Bryers, 512 S.W.3d 17, 28 (Mo.banc 2016); State v. Paden, 533 S.W.3d 731, 736 (Mo.App. 2017); Williston v. Dept. of Health and Senior Services, 461 S.W.3d 867, 870 (Mo.App. 2015). The Court finds that the trial court's judgment of February 25 became final on March 29. Because no timely after-trial motions were filed, the trial court lost jurisdiction over the case on March 29.

Therefore, the Court finds and determines that the trial court's judgment of October 14 for attorney's fees is void. “[W]hile appellate courts do not have jurisdiction to consider the merits of an appeal unless the circuit court had jurisdiction to determine the issues presented on their merits, ‘[a]ppellate courts inherently have supervisory authority to confine a trial court to its jurisdiction.’ ” State v. Joordens, 347 S.W.3d 98, 101 (Mo.App. 2011) (citation omitted).

Accordingly, the Court hereby remands the cause to the trial court with directions to vacate the “Judgment For Appellate Attorney Fees” filed on October 14, 2021. In re Estate of Shaw, 256 S.W.3d 72, 77 (Mo.banc 2008); Joordens, 347 S.W.3d at 101-102.