Court of Appeals of Missouri, Western District, Second Division
from the Circuit Court of Jackson County, Missouri The
Honorable J. Dale Youngs, Judge
Edward R. Ardini, Jr., Presiding Judge, Alok Ahuja, Judge and
Gary D. Witt, Judge
D. Witt, Judge
Alport ("Jeffrey") appeals from the judgment
dissolving his marriage to Rebecca Alport
("Rebecca"). Jeffrey argues that the trial court
erred in not including the legal descriptions for the real
estate it divided and did not first award each of the parties
their nonmarital property prior to dividing the marital
property. Jeffrey further argues that the trial court erred
in awarding wife certain property located in Florida and
three of the couple's multiple vehicles because these
were his nonmarital property. The judgment is affirmed.
and Rebecca were married on December 24, 2009, and separated
on or about June 1, 2016. The parties had no children.
Rebecca filed for a dissolution of marriage February 9, 2017.
A bench trial was held August 24, 2017.
trial court declined to award maintenance to Rebecca. As
relevant to this appeal, Rebecca was awarded real property
described in the judgment as "Residence located at 815
115th Avenue, Treasure Island, FL" ("Florida
Property") and all the contents. Rebecca was also
awarded a 1968 Chevrolet Camaro, 1985 Cadillac, 1996 Mercedes
500 SL, GMC Solstice, Lincoln MKX, and a Harley-Davidson
Sportster. Jeffrey was awarded the remainder of the vehicles
and four pieces of real property in the Kansas City area.
Appellate review of a dissolution judgment is under the
standard of Murphy v. Carron, 536 S.W.3d 30, 32 (Mo.
banc 1976). Jenkins v. Jenkins, 368 S.W.3d 363, 366
(Mo. App. 2012). We will affirm the circuit court's
judgment 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. Id. at
366-67. The party challenging the dissolution judgment has
the burden of demonstrating error. Shaw v. Shaw, 413
S.W.3d 332, 334 (Mo. App. 2013). We view the evidence and any
reasonable inferences therefrom in the light most favorable
to the court's decision and disregard all contrary
evidence and inferences. Id. We recognize that the
circuit court was "free to believe or disbelieve all,
part, or none of the testimony of any witness."
Id. (citation omitted).
Schutter v. Seibold, 540 S.W.3d 494, 499 (Mo. App.
raises four points on appeal. In his first point on appeal,
Jeffrey argues that the trial court erred in not including
the legal descriptions for the real estate in its judgment.
In his second point on appeal, Jeffrey argues that the trial
court erred in not distinguishing between marital property
and nonmarital property in its judgment. In his third point
on appeal, Jeffrey argues that the trial court erred in
awarding the Florida Property to Rebecca as he owned the
property prior to the marriage. In his fourth point on
appeal, Jeffrey argues that the trial court erred in awarding
Rebecca the 1967 Chevrolet Camaro, 1985 Cadillac Seville, and
1996 Mercedes 500 SL as they were also his premarital