Gillespie v. Gillespie

Missouri Court of Appeals

Gillespie v. Gillespie

634 S.W.2d 493, 1982 Mo. App. LEXIS 2982

CourtMissouri Court of Appeals

DecidedMarch 16, 1982

DocketNo. 44523

StatusPublished

Cited by4 cases

This text of 634 S.W.2d 493 (Gillespie v. Gillespie) 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.

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Gillespie v. Gillespie, 634 S.W.2d 493, 1982 Mo. App. LEXIS 2982 (Mo. Ct. App. 1982).

Pincite

Opinion

CRIST, Judge.

Father appeals from denial of motion for summary judgment in action by mother to [494]*494enforce provision of contract entered into by the parties pursuant to a marital divorce. We believe the appeal to be premature and therefore dismiss the appeal.

Mother seeks to enforce provision 7(b) of the contract which purports to obligate father to pay the future educational expenses of the couple’s children. Father contends the provision in question to be indefinite and uncertain and, therefore, unenforceable. The trial court held its order denying father’s motion for summary judgment to be final for purposes of appeal.

An order which overrules a motion for summary judgment is interlocutory and, therefore, not appealable. Desloge v. Desloge, 617 S.W.2d 486, 487 (Mo.App.1981). The trial court’s denomination of its denial of father’s motion as final and appealable did not make it so. Kaufman v. Bormaster, 599 S.W.2d 35, 38 (Mo.App.1980). We discern no unusual circumstances in this case mandating a different result.

Appeal dismissed.

REINHARD, P. J., and SNYDER, J., concur.

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