Court of Appeals of Missouri, Eastern District, Second Division
from the Circuit Court of St. Charles County Honorable Erin
S. ODENWALD, JUDGE
Kyle Metheney ("Husband") appeals from the trial
court's amended judgment of contempt (the "Amended
Contempt Judgment") finding that Husband owed Melanie
Ann Metheney ("Wife") $66, 128.70. In Husband's
sole point on appeal, he argues that the trial court's
determination of the amount owed to Wife was not supported by
substantial evidence. Wife has moved to dismiss the appeal
for a lack of jurisdiction due to a lack of a final judgment.
Because we hold that the Amended Contempt Judgment is not
final for purposes of appeal, we grant the motion to dismiss.
Accordingly, we dismiss the appeal.
and Procedural History
and Wife were married and had two children. Husband
petitioned for dissolution. The trial court entered judgment
dissolving the marriage and distributing property (the
"Dissolution Judgment"). The Dissolution Judgment
provided that Husband was to retain certain stock options,
but upon Wife's request Husband was to exercise the stock
options and remit the proceeds to Wife. Years later, Wife
requested the exercise of 330 stock options. Husband did not
remit any proceeds to Wife.
Husband's failure to remit the proceeds to Wife, Wife
moved for contempt. The trial court held a hearing to
determine what amount, if any, Husband owed Wife due to her
requested exercise of the stock options. Afterwards, the
trial court entered a judgment of contempt (the
"Contempt Judgment") finding that Husband owed Wife
Contempt Judgment also instructed "all parties and
Counsel appear before [the trial court] on October 6th, 2017
... to determine if an appropriate agreement to purge the
Contempt has been made." The trial court further
In the event that an appropriate purge agreement is not made
on or before that date, a body attachment and warrant [and]
commitment [sic] may issue directing that the body of
[Husband] be attached by the Sheriff of the County of St.
Charles, State of Missouri and that he be held in the custody
of the Sheriff of the County of St. Charles, Missouri until
such time as [Husband] purges himself of the contempt.
on November 2, 2017, the trial court entered the Amended
Contempt Judgment. The Amended Contempt Judgment did not
change the finding of the amount Husband owed to Wife. The
Amended Contempt Judgment did not issue a body attachment or
warrant of commitment. However, the Amended Contempt Judgment
contained language nearly identical to the Contempt Judgment
that the trial court would issue a body attachment and
warrant of commitment if an appropriate purge agreement was
not reached on or before December 4, 2017.
November 6, 2017, after the entry of the Amended Contempt
Judgment but before the Amended Contempt Judgment's
deadline for reaching a purge agreement, Wife requested
garnishment of Husband's bank account in the ordered
amount of $66, 128.70 plus interest. The garnishment was
issued by the clerk, and Wife served Husband with a copy of
the garnishment order. Husband moved to quash garnishment,
which the trial court denied.
now appeals from the Amended Contempt Judgment. Wife has
moved to dismiss the appeal for a lack of jurisdiction due to
a non-final judgment.
sole point on appeal, Husband alleges that the trial
court's calculation in the Amended Contempt Judgment that
Husband owed $66, 128.70 to Wife pursuant to the ...