Dampier v. Nichols

Missouri Court of Appeals

Dampier v. Nichols

570 S.W.2d 340, 1978 Mo. App. LEXIS 2215

CourtMissouri Court of Appeals

DecidedAugust 2, 1978

DocketNo. 10902

StatusPublished

This text of 570 S.W.2d 340 (Dampier v. Nichols) 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

Dampier v. Nichols, 570 S.W.2d 340, 1978 Mo. App. LEXIS 2215 (Mo. Ct. App. 1978).

Pincite

Opinions

PER CURIAM:

Plaintiff sued for damages allegedly resulting from assault and battery. Defend[341]*341ant counterclaimed for damages because, so it was averred, plaintiff caused defendant’s wrongful arrest. On October 11, 1977, a Polk County jury found for defendant on plaintiff’s petition and for plaintiff on defendant’s counterclaim. After her after-trial motions were denied, plaintiff filed a notice of appeal.

The transcript on appeal demonstrates that no judgment has been entered in the case. A final judgment forms the sole basis for appellate review. Rule 74.01, V.A.M.R.; § 512.020, V.A.M.S. In the absence of such a judgment we have no appellate jurisdiction and hence no alternative but to dismiss the appeal.

Appeal dismissed.

All concur, except FLANIGAN, J., dissents in separate opinion.

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