Allstate Insurance Co. v. Northwestern National Insurance Co.

Missouri Court of Appeals

Allstate Insurance Co. v. Northwestern National Insurance Co.

539 S.W.2d 118, 1976 Mo. App. LEXIS 2129

CourtMissouri Court of Appeals

DecidedJuly 12, 1976

DocketNos. 10297, 10316 and 10321

StatusPublished

Cited by4 cases

This text of 539 S.W.2d 118 (Allstate Insurance Co. v. Northwestern National Insurance Co.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allstate Insurance Co. v. Northwestern National Insurance Co., 539 S.W.2d 118, 1976 Mo. App. LEXIS 2129 (Mo. Ct. App. 1976).

Pincite

Opinion

PER CURIAM.

On the 14th day of October, 1975, appellant Allstate Insurance Co. filed its first amended petition for declaratory judgment and named therein all of the above defendants. Defendant Farmers Insurance Co., Inc. answered the petition and appeared at trial. In due course, the cause was heard and a purported judgment was entered which touched all the parties save Farmers Insurance Co., Inc.

In Missouri, the right of appeal is a statutory creation and extends to parties aggrieved by a final judgment. § 512.020 V.A.M.S. It is the duty of an appellate court to examine the judgment for finality before proceeding to an adjudication of the merits. In the case at bar, the judgment fails to dispose of all the parties. Wile v. Donovan, 514 S.W.2d 177, 178[2-8] (Mo.App.1974).

Accordingly, the appeal is dismissed.

All concur.

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