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Sullivan v. Sullivan4/12/2005
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As noted, supra, section 452.355.1 provides, in pertinent part, that the trial court may, from time to time, enter an award of attorney's fees and costs "after considering all relevant factors including the financial resources of both parties, the merits of the case and the actions of the parties during the pendency of the action[.]"
In Keller v. Keller, 18 S.W.3d 589, 600-01 (Mo. App. 2000), we considered the propriety of the same provision for attorney's in the trial court's judgment that the appellant challenges here. In holding that such a provision is contrary to section 452.335.1, we explained: "By this provision, the trial court was not only attempting to limit the relevant factors it would consider in awarding attorneys fees in future proceedings, but was attempting to limit recovery to a prevailing party only." Id. at 601. Because of this, we held the provision was "null and void." Id.;see also Roberts v. Roberts, 800 S.W.2d 91, 93 (Mo. App. 1990).Hence, the provision in the trial court's judgment declaring that in any subsequent action to enforce or clarify the dissolution judgment, the prevailing party would be entitled to recover attorney's fees and costs, is null and void. As a result, we dismiss this point, as "there is nothing for an appeals court to review in a null and void order." Davis v. Oaks, 942 S.W.2d 464, 467 (Mo. App. 1997).
Point dismissed.
Conclusion
The circuit court's judgment of dissolution is affirmed, except with respect to its order declaring that in any subsequent action to enforce or clarify the dissolution judgment, the prevailing party would be entitled to recover attorney's fees and costs, which we dismiss as being null and void.
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