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Century Financial Services Group v. Roche

Missouri Court of Appeals, Eastern District, Division Six
Apr 25, 1995
896 S.W.2d 743 (Mo. Ct. App. 1995)

Opinion

No. 66121.

April 25, 1995.

APPEAL FROM THE CIRCUIT COURT, ST. CHARLES COUNTY, DAVID DALTON, J.

Vincent D. Vogler, Jr. Rebecca Hohe, Vogler Associates, St. Louis, for appellant.

Ervin D. Davis E. Darrell Davis, Davis Schroeder, St. Charles, for respondent.

Before GRIMM, C.J., and CRANDALL and WHITE, JJ.


Plaintiff, Century Financial Services Group, Ltd., a corporation, brought an action against defendant, Thomas E. Roche, seeking injunctive relief, return of property, an accounting, and damages. Although the record is not clear, arguably the trial court entered a ruling denying plaintiff injunctive relief, but failed to specifically enter judgment on the remaining issues. Plaintiff appeals from that ruling. We dismiss the appeal.

The petition seeking a permanent injunction is not in the legal file. Although the trial court entered an order consolidating the hearing on the preliminary injunction with that of the permanent injunction, the specific ruling only denied plaintiff's petition and motion for temporary restraining order and preliminary injunction.

Although neither party raises the issue of appellate jurisdiction, it is our duty to do so sua sponte. Haugland v. Parsons, 827 S.W.2d 285, 286 (Mo.App. 1992). An appellate court has jurisdiction only over final judgments. Id. In the absence of a specific designation in conformity with language of Rule 74.01 (b), a judgment is final and appealable only when it disposes of all the issues for all parties and leaves nothing for future determination. O'Neill v. O'Neill, 864 S.W.2d 7, 8 (Mo.App.E.D. 1993).

Here, the trial court's ruling did not dispose of all issues. Thus the trial court's ruling is not a final judgment and we are without jurisdiction to hear the appeal.

Appeal dismissed.


Summaries of

Century Financial Services Group v. Roche

Missouri Court of Appeals, Eastern District, Division Six
Apr 25, 1995
896 S.W.2d 743 (Mo. Ct. App. 1995)
Case details for

Century Financial Services Group v. Roche

Case Details

Full title:CENTURY FINANCIAL SERVICES GROUP, LTD., PLAINTIFF/APPELLANT, v. THOMAS E…

Court:Missouri Court of Appeals, Eastern District, Division Six

Date published: Apr 25, 1995

Citations

896 S.W.2d 743 (Mo. Ct. App. 1995)

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