Court of Appeals of Missouri, Southern District, Second Division
IN RE: The Marriage of JOSEPH HAROLD HILGENBERG, Petitioner/Respondent,
WENDY JOY HILGENBERG, Respondent/Appellant.
FROM THE CIRCUIT COURT OF NEWTON COUNTY Honorable Gregory
Stremel, Associate Circuit Judge
WILLIAM W. FRANCIS, JR., J.
Joy Hilgenberg ("Wife") appeals the trial
court's "Judgment of Dissolution of Marriage, "
dated January 12, 2015, dissolving her marriage to Joseph
Harold Hilgenberg ("Husband"). In two points on
appeal, Wife alleges trial court error in awarding physical
custody of the minor children to Husband, and the division of
marital property. Finding no preserved issues before us, we
dismiss Wife's appeal.
and Procedural History
and Wife were married on November 23, 2000. Two children were
born of the marriage: SHH and PJH, who were ages 10 and 13
respectively at the time of trial. The parties separated on
August 12, 2013. On the same day, Husband filed a petition
for dissolution of marriage asserting it was in the best
interest of the minor children that joint legal and physical
custody be awarded to Husband and Wife, with Husband being
designated as the "residential custodian for address and
educational purposes." Husband also requested a division
of the marital property, which included the marital home and
was held on December 4, 2014 and December 19, 2014. On
January 12, 2015, the trial court entered its "Judgment
of Dissolution of Marriage." The trial court awarded to
Husband marital property that included the marital home and
five acres. The trial court ordered the minor children to be
placed in the joint legal custody of Husband and Wife, and in
the physical custody of Husband. The trial court also adopted
Husband's proposed parenting plan.
January 26, 2015, Wife filed a "Motion to Set Aside
Decision, Amend, Reconsider, or Alternatively for New
Trial" ("post-trial motion"). Wife asserted,
in part, that the trial court failed to make specific
findings as to the custody of the minor children, in
accordance with sections 452.375.2, 452.375.4, and 452.375.6,
 and erred in adopting Husband's
parenting plan. Wife also asserted the trial court failed to
make a "fair and equitable distribution of the marital
March 2, 2015, a hearing was held on Wife's post-trial
motion. After hearing argument, the trial court requested
Wife's counsel prepare a proposed judgment for the trial
court's review with a copy to Husband's attorney.
April 23, 2015, Wife filed a "Motion for Extension of
Time to Set Aside Decision, Amend, Reconsider, or
Alternatively for New Trial" and a proposed order, to
grant the trial court additional time in which to rule on
Wife's post-trial motion.
18, 2015, the trial court signed an Order granting an
extension until May 26, 2015, in which to allow the trial
court sufficient time to rule on Wife's post-trial
motion. On May 20, 2015, the trial court filed an
"Amended Judgment of Dissolution of Marriage."
Husband filed a "Motion to Set Aside Order Extending
Time and Amended Judgment of Dissolution of Marriage"
asserting: (1) that the trial court no longer had
jurisdiction over the January 26, 2015 judgment due to its
failure to rule on Wife's post-trial motion within 90
days, and the trial court lacked jurisdiction to enter the
May 20, 2015 amended judgment.
February 23, 2016,  after a hearing,
the trial court entered its "Order and Judgment Setting
Aside Order for Exten[s]ion of Time and Amended Judgment of
Dissolution of Marriage" for lack of jurisdiction, and
ordered the parties to comply with the terms of the January
12, 2015 Judgment of Dissolution of Marriage. Wife filed her
Notice of Appeal on March 2, 2016.
points on appeal, Wife asserts the trial court erred in
failing to make specific findings, required by section
452.375.6, when awarding the parties joint legal custody and
awarding sole physical custody to Husband, and in making an
inequitable distribution of the marital ...