- 8 - instrument and do not constitute alimony within the meaning of sections 61(a)(8) and 71. The docket sheet entry identifies petitioner's motion for temporary maintenance and reflects the appearance of counsel. It also indicates the action taken; i.e., that Mr. Landreth was ordered to pay petitioner $1,800 per month for temporary maintenance and that petitioner had withdrawn her motion for attorney fees. Although unsigned, it was handwritten by the judge before whom the motion was presented. The docket sheet entry did not include a directive to the parties to prepare a written order or judgment for subsequent execution and entry, and thus, there is no indication that the judge did not intend it to be a final determination of the rights of the parties with respect to the motion. See Grantham v. Shelter Mutual Ins. Co., 721 S.W.2d 242, 245 (Mo. Ct. App. 1986); Munn v. Garrett, 666 S.W.2d 37, 39 (Mo. Ct. App. 1984); Orgill Bros. & Co., Inc. v. Rhodes, 669 S.W.2d 302, 303-304 (Mo. Ct. App. 1984). The docket sheet entry is a determination of the rights of petitioner and Mr. Landreth with respect to the motion and shows the relief granted in intelligible language. Consequently it satisfies the requirements set forth in Byrd v. Brown, supra. We therefore reject petitioner's argument that the docket sheet entry lacked the requisite specificity to be considered an order or judgment.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011