Horn v. Verplanke

Missouri Court of Appeals

Horn v. Verplanke

726 S.W.2d 880, 1987 Mo. App. LEXIS 3839

CourtMissouri Court of Appeals

DecidedMarch 24, 1987

DocketNo. 51817

StatusPublished

Cited by1 cases

This text of 726 S.W.2d 880 (Horn v. Verplanke) 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

Horn v. Verplanke, 726 S.W.2d 880, 1987 Mo. App. LEXIS 3839 (Mo. Ct. App. 1987).

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Opinion

CRIST, Judge.

Appellant (plaintiff) appeals the trial court’s granting three respondents’ (defendants) motions to dismiss plaintiff’s petition for failure to state a cause of action. Appeal dismissed for the reason the appeal was not taken from a final, appealable judgment.

Among other things, plaintiff alleged the signature of plaintiff was forged on documents submitted to respondent St. Louis Federal Savings and Loan Association; defendant Lorraine Verplanke, a notary public and agent of St. Louis Federal Savings and Loan Association, placed her signature and notary public seal on these documents; defendant Verplanke was thereby negligent and plaintiff was damaged. In his brief, plaintiff stated defendant Lorraine Verplanke had yet to be served and was not a party to this appeal.

Claims against two of the six original defendants were voluntarily dismissed by plaintiff. Three of the remaining defendants, respondents, filed motions to dismiss plaintiffs petition for failure to state a cause of action. These motions were sustained by the trial court. The count against defendant Lorraine Verplanke was not disposed of by the trial court. Therefore, there was no final, appealable judgment. Downey v. United Weatherproofing, 241 S.W.2d 1007 (Mo.1951); Chura v. Bank of Bourbon, 674 S.W.2d 675, 678[4] (Mo.App.1984). The fact that defendant Verplanke had not been served did not eliminate her as a party to this lawsuit. Downey, 241 S.W.2d at 1007. Motion for damages for frivolous appeal denied.

Appeal dismissed.

SATZ, P.J., and KELLY, J., concur.

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CRIST, Judge.

Appellant (plaintiff) appeals the trial court’s granting three respondents’ (defendants) motions to dismiss plaintiff’s petition for failure to state a cause of action. Appeal dismissed for the reason the appeal was not taken from a final, appealable judgment.

Among other things, plaintiff alleged the signature of plaintiff was forged on documents submitted to respondent St. Louis Federal Savings and Loan Association; defendant Lorraine Verplanke, a notary public and agent of St. Louis Federal Savings and Loan Association, placed her signature and notary public seal on these documents; defendant Verplanke was thereby negligent and plaintiff was damaged. In his brief, plaintiff stated defendant Lorraine Verplanke had yet to be served and was not a party to this appeal.

Claims against two of the six original defendants were voluntarily dismissed by plaintiff. Three of the remaining defendants, respondents, filed motions to dismiss plaintiffs petition for failure to state a cause of action. These motions were sustained by the trial court. The count against defendant Lorraine Verplanke was not disposed of by the trial court. Therefore, there was no final, appealable judgment. Downey v. United Weatherproofing, 241 S.W.2d 1007 (Mo.1951); Chura v. Bank of Bourbon, 674 S.W.2d 675, 678[4] (Mo.App.1984). The fact that defendant Verplanke had not been served did not eliminate her as a party to this lawsuit. Downey, 241 S.W.2d at 1007. Motion for damages for frivolous appeal denied.

Appeal dismissed.

SATZ, P.J., and KELLY, J., concur.

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726 S.W.2d 880, 1987 Mo. App. LEXIS 3839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horn-v-verplanke-moctapp-1987.

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