Whiteaker v. City of Salem

Missouri Court of Appeals

Whiteaker v. City of Salem

557 S.W.2d 489, 1977 Mo. App. LEXIS 2319

CourtMissouri Court of Appeals

DecidedOctober 24, 1977

DocketNo. 10673

StatusPublished

Cited by1 cases

This text of 557 S.W.2d 489 (Whiteaker v. City of Salem) 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

Whiteaker v. City of Salem, 557 S.W.2d 489, 1977 Mo. App. LEXIS 2319 (Mo. Ct. App. 1977).

Pincite

Opinion

PER CURIAM.

On February 25, 1977, a Dent County jury returned a verdict favoring the plaintiff in an action to recover for injuries allegedly sustained as the result of driving her automobile into a depression in a city street. Appellant filed an after-trial motion. Thereafter, appellant initiated the present appeal by filing a notice of appeal. However, the appeal is premature as the transcript filed with this court demonstrates that no judgment has been entered in this case.

In Missouri, a final judgment forms the basis for appellate review. Section 512.020, V.A.M.S.; Rule 74.01, V.A.M.R. The absence of a final judgment deprives this court of appellate jurisdiction and would convert any purported review into a meaningless act.

The appeal must be, and is, dismissed for lack of a judgment.

All concur.

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