Bibb v. TITLE INSURERS AGENCY, INC.

Missouri Court of Appeals

Bibb v. TITLE INSURERS AGENCY, INC.

245 S.W.3d 919, 2008 Mo. App. LEXIS 247, 2008 WL 425603

CourtMissouri Court of Appeals

DecidedFebruary 19, 2008

DocketED 90668

StatusPublished

Cited by1 cases

This text of 245 S.W.3d 919 (Bibb v. TITLE INSURERS AGENCY, INC.) 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

Bibb v. TITLE INSURERS AGENCY, INC., 245 S.W.3d 919, 2008 Mo. App. LEXIS 247, 2008 WL 425603 (Mo. Ct. App. 2008).

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Opinion

PATRICIA L. COHEN, Chief Judge.

James and Tracie Bibb (Appellants) appeal from an order denying their motion for a default judgment against defendant Title Insurer Agency, Inc. (Respondent) and granting Respondent’s motion to file its answer out of time. Respondent has filed a motion to dismiss Appellants’ appeal. Appellants have not filed a response. Respondents assert that this appeal should be dismissed because there is no final, appealable judgment.

*920 Appellants are appealing from an interlocutory order in their case that does not finally resolve even one of their claims against any of the defendants. Except for limited circumstances, an appellate court only has jurisdiction over final judgments that dispose of all claims and all parties in a case and leave nothing for future determination. O’Neill v. O’Neill, 864 S.W.2d 7, 8 (Mo.App. E.D.1993). Moreover, for a judgment to be appealable, it must resolve at least one claim on the merits and cannot be a ruling on a miscellaneous issue that does not resolve even one claim. See, Gibson v. Brewer, 952 S.W.2d 239, 244 (Mo. banc 1997); See also, Ferguson v. Carson, 235 S.W.3d 607 (Mo.App. E.D.2007).

Here, the trial court’s order does not resolve any claims in the underlying cause and is simply an interlocutory order on a miscellaneous issue. The entire cause of action remains pending in the trial court. The appeal is dismissed for lack of a final, appealable judgment.

BOOKER T. SHAW, and NANNETTE A. BAKER, JJ., Concurs.

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PATRICIA L. COHEN, Chief Judge.

James and Tracie Bibb (Appellants) appeal from an order denying their motion for a default judgment against defendant Title Insurer Agency, Inc. (Respondent) and granting Respondent’s motion to file its answer out of time. Respondent has filed a motion to dismiss Appellants’ appeal. Appellants have not filed a response. Respondents assert that this appeal should be dismissed because there is no final, appealable judgment.

*920 Appellants are appealing from an interlocutory order in their case that does not finally resolve even one of their claims against any of the defendants. Except for limited circumstances, an appellate court only has jurisdiction over final judgments that dispose of all claims and all parties in a case and leave nothing for future determination. O’Neill v. O’Neill, 864 S.W.2d 7, 8 (Mo.App. E.D.1993). Moreover, for a judgment to be appealable, it must resolve at least one claim on the merits and cannot be a ruling on a miscellaneous issue that does not resolve even one claim. See, Gibson v. Brewer, 952 S.W.2d 239, 244 (Mo. banc 1997); See also, Ferguson v. Carson, 235 S.W.3d 607 (Mo.App. E.D.2007).

Here, the trial court’s order does not resolve any claims in the underlying cause and is simply an interlocutory order on a miscellaneous issue. The entire cause of action remains pending in the trial court. The appeal is dismissed for lack of a final, appealable judgment.

BOOKER T. SHAW, and NANNETTE A. BAKER, JJ., Concurs.

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245 S.W.3d 919, 2008 Mo. App. LEXIS 247, 2008 WL 425603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bibb-v-title-insurers-agency-inc-moctapp-2008.

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