Howard v. Hollins

Supreme Court of Missouri

Howard v. Hollins

462 S.W.2d 765, 1971 Mo. LEXIS 1150

CourtSupreme Court of Missouri

DecidedFebruary 8, 1971

DocketNo. 55081

StatusPublished

Cited by4 cases

This text of 462 S.W.2d 765 (Howard v. Hollins) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Howard v. Hollins, 462 S.W.2d 765, 1971 Mo. LEXIS 1150 (Mo. 1971).

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Opinion

HIGGINS, Commissioner.

Appeal by Gloria and Nelson Hollins from decree setting aside a quitclaim deed by which Anna Howard purported to convey an interest in certain real estate to Gloria and Nelson Hollins as joint tenants with right of survivorship, reserving a one-third interest to herself.

This statement showing title to real estate to be involved would confer jurisdiction on this court to decide this appeal, and neither party has questioned jurisdiction; however, under Article V, Section 3, Missouri Constitution, V.A.M.S., the Supreme Court must determine its appellate jurisdiction even though it is not placed in issue.

The transcript, briefs, and recitals in the file show: that this case was submitted and the trial court took it under advisement March 18, 1969; that plaintiff Anna Howard, the incompetent plaintiff, died March 18, 1969, following such submission; that the judgment in her favor was entered June 6, 1969; that there was no suggestion of death to apprise the trial court of its possible loss of jurisdiction; death of the incompetent plaintiff terminated the guardian’s authority with respect to this action, State ex rel. Emmons v. Hollenbeck, Mo. App., 394 S.W.2d 82; and there was no substitution of party plaintiff “prior to final judgment and before appeal,” Civil Rule 52.12(c), V.A.M.R., by which to continue jurisdiction in the trial court. In obvious unawareness of the circumstances, the trial court entered judgment for a plaintiff who was then deceased. Such judgment was a nullity because a trial court has no jurisdiction to render a judgment for a deceased party. See Mo.Dig., Judgment, @=512. As a consequence, there is no jurisdiction in this court because there is “no judgment to be affirmed or reversed,” Campbell v. Webb, 363 Mo. 1192, 258 S.W.2d 595, 605-606.

Accordingly, the appeal must be dismissed.

HOUSER and WELBORN, CC, concur.

PER CURIAM.

The foregoing opinion by HIGGINS, C., is adopted as the opinion of the court.

All of the Judges concur.

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HIGGINS, Commissioner.

Appeal by Gloria and Nelson Hollins from decree setting aside a quitclaim deed by which Anna Howard purported to convey an interest in certain real estate to Gloria and Nelson Hollins as joint tenants with right of survivorship, reserving a one-third interest to herself.

This statement showing title to real estate to be involved would confer jurisdiction on this court to decide this appeal, and neither party has questioned jurisdiction; however, under Article V, Section 3, Missouri Constitution, V.A.M.S., the Supreme Court must determine its appellate jurisdiction even though it is not placed in issue.

The transcript, briefs, and recitals in the file show: that this case was submitted and the trial court took it under advisement March 18, 1969; that plaintiff Anna Howard, the incompetent plaintiff, died March 18, 1969, following such submission; that the judgment in her favor was entered June 6, 1969; that there was no suggestion of death to apprise the trial court of its possible loss of jurisdiction; death of the incompetent plaintiff terminated the guardian’s authority with respect to this action, State ex rel. Emmons v. Hollenbeck, Mo. App., 394 S.W.2d 82; and there was no substitution of party plaintiff “prior to final judgment and before appeal,” Civil Rule 52.12(c), V.A.M.R., by which to continue jurisdiction in the trial court. In obvious unawareness of the circumstances, the trial court entered judgment for a plaintiff who was then deceased. Such judgment was a nullity because a trial court has no jurisdiction to render a judgment for a deceased party. See Mo.Dig., Judgment, @=512. As a consequence, there is no jurisdiction in this court because there is “no judgment to be affirmed or reversed,” Campbell v. Webb, 363 Mo. 1192, 258 S.W.2d 595, 605-606.

Accordingly, the appeal must be dismissed.

HOUSER and WELBORN, CC, concur.

PER CURIAM.

The foregoing opinion by HIGGINS, C., is adopted as the opinion of the court.

All of the Judges concur.

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462 S.W.2d 765, 1971 Mo. LEXIS 1150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-v-hollins-mo-1971.

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