Sgroi v. Menne

Missouri Court of Appeals

Sgroi v. Menne

888 S.W.2d 768, 1994 Mo. App. LEXIS 1964, 1994 WL 705410

CourtMissouri Court of Appeals

DecidedDecember 20, 1994

DocketNo. 65786

StatusPublished

This text of 888 S.W.2d 768 (Sgroi v. Menne) 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

Sgroi v. Menne, 888 S.W.2d 768, 1994 Mo. App. LEXIS 1964, 1994 WL 705410 (Mo. Ct. App. 1994).

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Opinion

PER CURIAM.

Plaintiff filed a petition in two counts. Count I named both defendants and Count II named only the non-appealing defendant. The trial court dismissed Count I. Plaintiff appeals from this order. Count II of plaintiffs petition remains pending. The trial court did not expressly designate its action as final according to Rule 74.01(b).

This court has a duty to raise the issue of appellate jurisdiction sua sponte even if neither party has raised it. Haugland v. Parsons, 827 S.W.2d 285, 286 (Mo.App.1992). An appellate court has jurisdiction only over final judgments. Id. An order of the trial court is final only when it disposes of all issues for all parties in the case and leaves nothing for future determination. Id. If the trial court does not resolve all issues for all parties or expressly designate the court’s action as final according to Rule 74.01(b), the appeal must be dismissed. Id.

Appeal dismissed.

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PER CURIAM.

Plaintiff filed a petition in two counts. Count I named both defendants and Count II named only the non-appealing defendant. The trial court dismissed Count I. Plaintiff appeals from this order. Count II of plaintiffs petition remains pending. The trial court did not expressly designate its action as final according to Rule 74.01(b).

This court has a duty to raise the issue of appellate jurisdiction sua sponte even if neither party has raised it. Haugland v. Parsons, 827 S.W.2d 285, 286 (Mo.App.1992). An appellate court has jurisdiction only over final judgments. Id. An order of the trial court is final only when it disposes of all issues for all parties in the case and leaves nothing for future determination. Id. If the trial court does not resolve all issues for all parties or expressly designate the court’s action as final according to Rule 74.01(b), the appeal must be dismissed. Id.

Appeal dismissed.

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Bluebook (online)

888 S.W.2d 768, 1994 Mo. App. LEXIS 1964, 1994 WL 705410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sgroi-v-menne-moctapp-1994.

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