There is also bickering about whether the judge's two post-hearing letters are properly a part of the record which we may consider. We have no hesitation in saying that all communications by the court to counsel, written or oral, made in a case pending before the judge, may be brought to the attention of the appellate court. Inasmuch as the father's counsel has included the letters in the legal file, they are effectively before us and we need not comment further. The letters, however, add nothing of legal significance. Until a final decree is entered the judge may set aside any tentative decision and make an entirely different decision.
Any prior decision merges into the judgment.
The initial indication is of no effect whatsoever. This brings us to the merits. This is not quite accurate. It is the appellant's responsibility to marshal the facts as required by Rule 84.04 and to demonstrate how these indicate legal error. We, of course, must review the briefs carefully, but it is not our responsibility to retry the case.