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Jett v. Jett

Court of Appeals of Missouri, Southern District, First Division

June 5, 2015

JOHANNA JETT, Petitioner/Respondent,
v.
FRANK JETT, Respondent/Appellant

APPEAL FROM THE CIRCUIT COURT OF SCOTT COUNTY. Honorable William H. Winchester, III, Associate Circuit Judge.

For Appellant: Claire E. Secoy, of East Prairie, Missouri.

For Respondent: Thad M. Brady, of Jackson, Missouri.

JEFFREY W. BATES, J. - Concurs. DANIEL E. SCOTT, J. - Concurs.

OPINION

WILLIAM W. FRANCIS, JR., C.J./P.J.

This is an action for dissolution of marriage between Frank Jett and Johanna Jett.[1] Frank appeals from the amended judgment of the trial court entered on July 22, 2014. At trial, the parties contested custody of the two children born of the marriage. The trial court entered a judgment of dissolution on July 22, 2014, but failed to make the findings required by section 452.375.6.[2] The same day, the trial court entered an amended judgment of dissolution, also failing to make the findings required by section 452.375.6.[3] Frank

Page 383

thereafter filed a timely, authorized after-trial motion raising this issue, among others, as error, which the trial court overruled.

On appeal, Frank asserts in his first point relied on that the trial court erred in failing to make the findings required by section 452.375.6.[4] We agree.

" [S]ection 452.375.6 requires a trial court to issue written findings based on the public policy of section 452.375.4 and the factors enumerated in section 452.375.2(1)-(8) detailing the specific reasons that the court made the chosen arrangement[]." Hightower v. Myers, 304 S.W.3d 727, 735 (Mo. banc 2010). While the court need not make a finding on every factor, the relevant factors must be detailed. Real v. Real, 229 S.W.3d 619, 621 (Mo.App. S.D. 2007). " Written findings, detailing and discussing all relevant factors, provide for meaningful appellate review." Id. (Emphasis in original).

Here, the trial court's judgment does not detail and discuss the facts pertaining to the relevant statutory factors. As a result, reversal and remand is the appropriate remedy. Id.

The judgment is reversed and the cause is remanded for further proceedings consistent with this opinion.

JEFFREY W. BATES, J. - Concurs

DANIEL E. SCOTT, J. - Concurs


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