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Whiteaker v. City of Salem

Missouri Court of Appeals, Springfield District
Oct 24, 1977
557 S.W.2d 489 (Mo. Ct. App. 1977)

Opinion

No. 10673.

October 24, 1977.

APPEAL FROM THE CIRCUIT COURT, DENT COUNTY, DORMAN L. STEELMAN, J.

Jerry B. Schnapp, Fredericktown, for plaintiff-respondent.

J. Max Price, Salem, for defendant-appellant.


On February 25, 1977, a Dent County jury returned a verdict favoring the plaintiff in an action to recover for injuries allegedly sustained as the result of driving her automobile into a depression in a city street. Appellant filed an after-trial motion. Thereafter, appellant initiated the present appeal by filing a notice of appeal. However, the appeal is premature as the transcript filed with this court demonstrates that no judgment has been entered in this case.

In Missouri, a final judgment forms the basis for appellate review. Section 512.020, V.A.M.S.; Rule 74.01, V.A.M.R. The absence of a final judgment deprives this court of appellate jurisdiction and would convert any purported review into a meaningless act.

The appeal must be, and is, dismissed for lack of a judgment.

All concur.


Summaries of

Whiteaker v. City of Salem

Missouri Court of Appeals, Springfield District
Oct 24, 1977
557 S.W.2d 489 (Mo. Ct. App. 1977)
Case details for

Whiteaker v. City of Salem

Case Details

Full title:LAVEDA NEWCOMB WHITEAKER, PLAINTIFF-RESPONDENT, v. CITY OF SALEM…

Court:Missouri Court of Appeals, Springfield District

Date published: Oct 24, 1977

Citations

557 S.W.2d 489 (Mo. Ct. App. 1977)

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Elmore v. Whorton

The appeal must be, and is, dismissed for lack of a judgment." Whiteaker v. City of Salem, 557 S.W.2d 489,…