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Alport v. Alport

Court of Appeals of Missouri, Western District, Second Division

April 9, 2019

REBECCA ALPORT, Respondent,
v.
JEFFREY ALPORT, Appellant.

          Appeal from the Circuit Court of Jackson County, Missouri The Honorable J. Dale Youngs, Judge

          Before Edward R. Ardini, Jr., Presiding Judge, Alok Ahuja, Judge and Gary D. Witt, Judge

          Gary D. Witt, Judge

         Jeffrey Alport ("Jeffrey")[1] 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.

         Statement of Facts

         Jeffrey 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.

         The 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.

         This appeal followed.

         Standard of Review

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. W.D. 2018).

         Analysis

         Jeffrey 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 property.

         Point ...


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