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

Missouri Court of Appeals·Decided July 12, 1976·No. Nos. 10297, 10316 and 10321·Published·Cited by 4 cases

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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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.

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

Pincite

539 S.W.2d 118 (Allstate Insurance Co. v. Northwestern National Insurance Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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