Boyd v. Boone Management, Inc.

Missouri Court of Appeals

Boyd v. Boone Management, Inc.

649 S.W.2d 259, 1983 Mo. App. LEXIS 3127

CourtMissouri Court of Appeals

DecidedMarch 22, 1983

DocketNo. WD 33601

StatusPublished

Cited by3 cases

This text of 649 S.W.2d 259 (Boyd v. Boone Management, 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

Boyd v. Boone Management, Inc., 649 S.W.2d 259, 1983 Mo. App. LEXIS 3127 (Mo. Ct. App. 1983).

Pincite

Opinion

TURNAGE, Judge.

Blondell Boyd brought suit against Boone Management, Inc. and Tiger Towers, Inc., [260]*260on two counts. The first count was for forcible entry and detainer, and the second count was for wrongful eviction. Boone and Tiger Towers filed an answer and a counterclaim claiming that Boyd owed rent.

After a hearing, the court entered judgment in favor of Boyd on Count II of her petition. The judgment made no disposition of Count I of the petition or of the counterclaim.

The right of appeal is purely statutory and a judgment is generally not final and appealable when it does not dispose of all parties and all issues. Haarmann v. Davis, 620 S.W.2d 39, 40[1, 2] (Mo.App.1981). Here the judgment did not dispose of one of the counts of the petition or of the counterclaim. For this reason, it does not constitute a final judgment.

This appeal is dismissed, and this cause is remanded with directions to enter a final judgment which will dispose of all parties and all issues. In the event that an appeal is taken from that judgment, the record on appeal and the briefs now on file may be refiled together with such supplements to the record on appeal and to the briefs as the parties may desire to file. New Style Homes, Inc. v. Fletcher, 600 S.W.2d 634, 636 (Mo.App.1980).

All concur.

Free access — add to your briefcase to read the full text and ask questions with AI