Court of Appeals of Missouri, Southern District, Second Division
In re the Marriage of Mackenzie Everett Speir and Jessica Lynn Speir
JESSICA LYNN SPEIR, Respondent-Respondent. MACKENZIE EVERETT SPEIR, Petitioner-Appellant,
FROM THE CIRCUIT COURT OF ST. CLAIR COUNTY Honorable Jerry J.
Rellihan, Associate Circuit Judge
Steffen Rahmeyer, P.J.
Everett Speir ("Appellant") and Jessica Lynn Speir
("Respondent") were divorced by entry of a
dissolution judgment in September 2013, with the Honorable
Michael Dawson presiding. The dissolution docket notes that
Judge Dawson was "No Longer in Office/Position" as
of December 31, 2014, and the "Judge Jerry Rellihan
[was] assigned to the case." Nothing was pending at that
time. On September 28, 2016, three years after the
dissolution was entered, Respondent filed a motion to modify
the dissolution judgment. Appellant was served on October 5,
2016, with the modification summons.
also filed a Writ of Habeas Corpus on October 14, 2016, in
the same case.The hearing date was set for October 24,
2016, on the Writ of Habeas Corpus. Appellant was served on
October 18, 2016, with the writ. Appellant's attorney
appeared for the habeas corpus hearing on October
24th and the docket reflects it was reset for the
following day. On that same day, and just nineteen days after
service on Appellant, Appellant filed a motion pursuant to
Rule 51.05 for a change of judge. The motion was
denied as "untimely." The transcript regarding the
application for change of judge is set forth below:
THE COURT: [Appellant's attorney], you -- yesterday
afternoon at around 4:00, or whatever, 3:00, you filed a
motion for change of judge pursuant to 51.05; is that
[Appellant's attorney]: That's correct.
THE COURT: Let me hear your argument as to why you think
[Appellant's attorney]: Well, Judge, I reviewed the rule,
and to the best of my ability to determine, it's timely
filed, and the rule provides upon the filing of a timely
filed motion that this Court has no alternative but to
sustain the motion.
THE COURT: And you filed this after we had an appearance and
a hearing yesterday morning, correct?
[Appellant's attorney]: Well, I --
THE COURT: Correct?
[Appellant's attorney]: Yes.
THE COURT: Okay. So we had an appearance -- You had an
appearance yesterday morning before me, the ...