Missouri Court of Appeals, 1985

Eakright v. Eakright

Missouri Court of Appeals · Decided April 9, 1985 · Dixon, Gler, Pritchard, Shan

689 S.W.2d 799; 1985 Mo. App. LEXIS 3294 (South Western Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

Gibbs v. McClain (Mo. Ct. App. 1998)
Hatch v. Hooten (Mo. Ct. App. 1993)
Manchester Enterprises, Inc. v. Sharma (Mo. Ct. App. 1991)
Norwood v. Norwood (Mo. Ct. App. 1991)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

DIXON, Judge.

The husband appeals from the circuit court order modifying the dissolution decree by awarding him custody of the two minor children. Wife had initially been granted custody and child support, but then filed for modification, requesting more child support and permission to move *800the children to California. Husband later asked for a modification, requesting custody but not requesting child support. The court overruled wife’s motion and granted the husband’s, awarding him custody. Husband appeals, asserting the court erred in failing to award him child support.

The right of appeal is statutory. Section 512.020 RSMo 1979; Rule 81.01; Williams v. Williams, 480 S.W.2d 525 (Mo.App. 1972). Fundamental to that right is that the party be aggrieved by the judgment from which he appeals. Armstrong v. Armstrong, 654 S.W.2d 802, 308 (Mo.App. 1983). A party is not aggrieved when the court grants all of the relief sought. State ex rel. Green v. James, 355 Mo. 223, 195 S.W.2d 669 (banc 1946); Lowe v. Labor and Industrial Relations Comm’n, 594 S.W.2d 365 (Mo.App. 1980); In re Marriage of Richardson, 540 S.W.2d 227 (Mo.App. 1976); Lipsey v. Lipsey, 464 S.W.2d 529 (Mo.App. 1971). See, Block v. Block, 593 S.W.2d 584 (Mo.App. 1980). The appeal is dismissed.

All concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.