Gracie Lynn Dueker, Appellant v. Marilyn Eckelkamp, Respondent.

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: Gracie Lynn Dueker, Appellant v. Marilyn Eckelkamp, Respondent. Case Number: ED85257 Handdown Date: 02/22/2005 Appeal From: Circuit Court of St. Francois County, Hon. John A. Clayton Counsel for Appellant: Robert F. Garza, Jr. Counsel for Respondent: Nicholas G. Gasaway, Jr. Opinion Summary: Gracie Dueker appeals from an order dismissing her cause of action with prejudice. APPEAL DISMISSED. Division Five holds: Because the order is not denominated a judgment as required by Rule 74.01(a), we dismiss the appeal for lack of jurisdiction. Citation: Opinion Author: George W. Draper III, Chief Judge Opinion Vote: DISMISSED. Crahan, J. and Norton, J., concur. Opinion: Gracie Dueker (Appellant) filed a petition against Marilyn Eckelkamp (Respondent) for loss of consortium, following a motor vehicle accident between Appellant's then-husband and Respondent. The trial court entered an order granting Respondent's motion and dismissing Appellant's petition with prejudice for lack of jurisdiction. Appellant filed this appeal. This Court must determine its jurisdiction sua sponte and if we lack jurisdiction, we should dismiss the appeal. Bryant v. City of University City, 105 S.W.3d 855, 856 (Mo. App. E.D. 2003). In a civil case, a judgment must be expressly

denominated "judgment" to be appealable. Rule 74.01(a); Peet v. Randolph, 103 S.W.3d 872, 875 (Mo. App. E.D. 2003). In designating the writing a "judgment," it must be clear from the writing that the trial court is calling the document or docket sheet entry a judgment. City of St. Louis v. Hughes, 950 S.W.2d 850, 853 (Mo. banc 1997). Here, the order dismissing Appellant's petition with prejudice is not denominated a judgment. We issued an order directing Appellant to show cause why her appeal should not be dismissed and providing Appellant an opportunity to ask the circuit court to enter a judgment that complied with Rule 74.01(a). Appellant has failed to respond to our order and has not filed a judgment complying with Rule 74.01(a). The requirement that a trial court must denominate its final ruling as a "judgment" is not a mere formality, but rather establishes a bright line test as to when a writing is a judgment. Hughes, 950 S.W.2d at 853; See also, Brooks v. Brooks, 98 S.W.3d 530, 532 (Mo. banc 2003). The order dismissing Appellant's petition must be denominated a judgment or this Court lacks jurisdiction. Jon E. Fuhrer Co. v. Gerhardt, 955 S.W.2d 212, 213 (Mo. App. E.D. 1997). We dismiss the appeal for lack of a final, appealable judgment.

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