Court of Appeals of Missouri, Eastern District, Southern Division
ANDREA J. STORY, Plaintiff/Respondent,
GEORGE R. STORY, Defendant/Appellant
Appeal from Cape Girardeau County Circuit Court. Honorable William L. Syler.
FOR APPELLANT: John R. Schneider, Johnson & Schneider, Cape Girardeau, Missouri.
FOR RESPONDENT: John P. Heisserer, Rice, Spaeth, Summers & Heisserer, L.C., Cape Girardeau, Missouri.
Philip M. Hess, Judge. Mary K. Hoff, P.J. and Gary M. Gaertner, Jr., J. concur.
Philip M. Hess, Judge.
This is an appeal from a judgment entered by the trial court granting the motion for contempt filed by Andrea Story (Plaintiff) against her former spouse, George Story (Defendant), for his failure to comply with the terms of the parties' marital settlement agreement relating to
the division and payment of soybean crop proceeds. Defendant claims the trial court erred in determining the amount of bean crop proceeds owed to Plaintiff. We affirm, as modified.
On March 4, 2013, the trial court entered a judgment and decree dissolving the marriage of the parties. The parties' settlement agreement was incorporated into the judgment and decree of dissolution. As part of their property division, Plaintiff and Defendant agreed to a 50/50 division of the proceeds from the sale of the soybean crops after deducting related expenses.
In May 2013, Plaintiff filed a motion for contempt requesting the trial court to hold Defendant in contempt for failing to provide documentation relating to the division and payment of the soybean crop proceeds as required by the terms of the parties' settlement agreement. In response, Defendant denied being in contempt and asserted that any delay in providing the documentation was merely " inadvertent." Following a hearing on the motion for contempt in November 2013, the trial court entered a judgment in favor of Plaintiff and concluded that Defendant owed Plaintiff $89,964.03 in soybean crop proceeds pursuant to the terms of the parties' settlement agreement. Defendant filed a motion to reconsider and/or amend the judgment, which was denied. Defendant appeals.
Standard of Review
The trial court's judgment will be sustained unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). We defer to the trial court's determinations regarding witness credibility and view the evidence and inferences drawn therefrom in the ...