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Case: Brook Meinhardt, Appellant v. Larry C. Rowley, Respondent.
Case Number: ED81288
Court: Missouri Court of Appeals, Eastern District
Decision Date: Unknown
Outcome: dismissed
Practice Area: other
Canonical URL: https://ott.law/missouri-courts/opinions/brook-meinhardt-appellant-v-larry-c-rowley-respondent-d81288
Official Source URL: https://www.courts.mo.gov/file.jsp?id=15143

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## Opinion

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.
Opinion
Missouri Court of Appeals Eastern District
Case Style:  Brook Meinhardt, Appellant v. Larry C. Rowley, Respondent.
Case Number:  ED81288
Handdown Date:  11/26/2002
Appeal From:  Circuit Court of Pike County, Hon. Dan Dildine
Counsel for Appellant:  Brook Meinhardt, Pro Se
Counsel for Respondent:  Jeremiah Nixon
Opinion Summary: 
Brook Meinhardt appeals from a judgment denying his petition for writ of habeas corpus.
DISMISSED.
Division Five holds:  No appeal lies from a judgment denying a petition for a writ of habeas corpus. 
Citation: 
Opinion Author:  Lawrence E. Mooney, Chief Judge
Opinion Vote:  DISMISSED.  Crahan, J.,  and Dowd, Jr., J. concur.
Opinion:
Brook Meinhardt appeals from a judgment denying his petition for writ of habeas corpus. 
We are obligated to determine whether we have jurisdiction and if we lack jurisdiction to entertain an appeal, then 
it should be dismissed. Fischer v. City of Washington, 55 S.W.3d 372, 377 (Mo. App. E.D. 2001).  An appeal does not lie 
from a decision in a habeas corpus proceeding.  Bebee v. State, 619 S.W.2d 363 (Mo. App. S.D. 1981).  Where a petition 
for writ of habeas corpus is denied, the petitioner's remedy is by way of a successive application for writ of habeas corpus. 
State ex rel. Bennett v. Gagne, 623 S.W.2d 87, 89 (Mo. App. W.D. 1981).
The appeal is dismissed for lack of an appealable judgment. 
Separate Opinion:

None
This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.