Devitre v. the Orthopedic Center of St. Louis, LLC

Missouri Court of Appeals

Devitre v. the Orthopedic Center of St. Louis, LLC

282 S.W.3d 414, 2009 Mo. App. LEXIS 826, 2009 WL 1198084

CourtMissouri Court of Appeals

DecidedMay 5, 2009

DocketED 92544

StatusPublished

Cited by1 cases

This text of 282 S.W.3d 414 (Devitre v. the Orthopedic Center of St. Louis, LLC) 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

Devitre v. the Orthopedic Center of St. Louis, LLC, 282 S.W.3d 414, 2009 Mo. App. LEXIS 826, 2009 WL 1198084 (Mo. Ct. App. 2009).

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Opinion

NANNETTE A. BAKER, Chief Judge.

Plaintiff Sohrab Devitre (Appellant) appeals from an order granting the motion to dismiss filed by The Orthopedic Center of St. Louis and Mitchell B. Rotman (Respondents) and dismissing Appellant’s cause.

As an initial matter, this Court must determine whether it has jurisdiction to entertain this appeal. If we lack jurisdiction, we should dismiss the appeal. Brown v. Missouri Department of Fire Safety, 247 S.W.3d 17, 18 (Mo.App. E.D.2008). To invoke this Court’s jurisdiction, parties must appeal an order that has been denominated either a judgment or decree. Rule 74.01(a); Orfv. Orf, 208 S.W.3d 306, 307 (Mo.App. E.D.2006). Rule 74.01(a)’s requirement that a judgment be denominated a judgment or decree “is an attempt to assist the litigants and the appellate courts by clearly distinguishing between when orders and rulings of the trial court are intended to be final and appealable and when the trial court seeks to retain jurisdiction over the issue.” City of St. Louis v. Hughes, 950 S.W.2d 850, 853 (Mo. banc 1997); See also, Lake V. McCollum, 257 S.W.3d 614, 616 (Mo. banc 2008). In designating the writing a judgment or decree, it must be clear from the writing that the trial court is calling the document or docket sheet entry a judgment or decree. Hughes, 950 S.W.2d at 853.

Here, the order granting Respondents’ motion to dismiss is not denominated a judgment or decree as required by Rule 74.01(a). We issued an order directing Appellant to show cause why the appeal should not be dismissed. Appellant has failed to respond to our order and has not filed a judgment complying with Rule 74.01(a). The order must be denominated a judgment or decree or this Court lacks jurisdiction. Brooks v. Brooks, 98 S.W.3d 530, 532 (Mo. banc 2003).

We dismiss the appeal without prejudice for lack of a final, appealable judgment.

PATRICIA L. COHEN and KENNETH M. ROMINES, JJ., concur.

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NANNETTE A. BAKER, Chief Judge.

Plaintiff Sohrab Devitre (Appellant) appeals from an order granting the motion to dismiss filed by The Orthopedic Center of St. Louis and Mitchell B. Rotman (Respondents) and dismissing Appellant’s cause.

As an initial matter, this Court must determine whether it has jurisdiction to entertain this appeal. If we lack jurisdiction, we should dismiss the appeal. Brown v. Missouri Department of Fire Safety, 247 S.W.3d 17, 18 (Mo.App. E.D.2008). To invoke this Court’s jurisdiction, parties must appeal an order that has been denominated either a judgment or decree. Rule 74.01(a); Orfv. Orf, 208 S.W.3d 306, 307 (Mo.App. E.D.2006). Rule 74.01(a)’s requirement that a judgment be denominated a judgment or decree “is an attempt to assist the litigants and the appellate courts by clearly distinguishing between when orders and rulings of the trial court are intended to be final and appealable and when the trial court seeks to retain jurisdiction over the issue.” City of St. Louis v. Hughes, 950 S.W.2d 850, 853 (Mo. banc 1997); See also, Lake V. McCollum, 257 S.W.3d 614, 616 (Mo. banc 2008). In designating the writing a judgment or decree, it must be clear from the writing that the trial court is calling the document or docket sheet entry a judgment or decree. Hughes, 950 S.W.2d at 853.

Here, the order granting Respondents’ motion to dismiss is not denominated a judgment or decree as required by Rule 74.01(a). We issued an order directing Appellant to show cause why the appeal should not be dismissed. Appellant has failed to respond to our order and has not filed a judgment complying with Rule 74.01(a). The order must be denominated a judgment or decree or this Court lacks jurisdiction. Brooks v. Brooks, 98 S.W.3d 530, 532 (Mo. banc 2003).

We dismiss the appeal without prejudice for lack of a final, appealable judgment.

PATRICIA L. COHEN and KENNETH M. ROMINES, JJ., concur.

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282 S.W.3d 414, 2009 Mo. App. LEXIS 826, 2009 WL 1198084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devitre-v-the-orthopedic-center-of-st-louis-llc-moctapp-2009.

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