James Bibb and Tracie Bibb, Plaintiffs/Appellants, v. Title Insurers Agency, Inc., Respondent, Gregg W. Koke, United Fire and Casualty Company, Chicago Title Insurance Company and LGC Investments, LLC, Defendants.

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: James Bibb and Tracie Bibb, Plaintiffs/Appellants, v. Title Insurers Agency, Inc., Respondent, Gregg W. Koke, United Fire and Casualty Company, Chicago Title Insurance Company and LGC Investments, LLC, Defendants. Case Number: ED90668 Handdown Date: 02/19/2008 Appeal From: Circuit Court of Jefferson County, Hon. Robert G. Wilkins Counsel for Appellant: Christine F. Hart Counsel for Respondent: Seth G. Gausnell, Cynthia A. Masterson, Henry F. Luepke III and Willard D. McCarter Opinion Summary: James and Tracie Bibb appeal from an order overruling their motion for a default judgment against Title Insurer Agency, Inc. and sustaining the agency's motion to file its answer out of time. DISMISSED. Division Five holds: This court lacks jurisdiction over the Bibbs' appeal because the order in question is not a final, appealable judgment. The entire case remains pending and no claims or parties have been resolved in the underlying cause. Citation: Opinion Author: Patricia L. Cohen, Chief Judge Opinion Vote: DISMISSED. Shaw and Baker, JJ., concur. Opinion:

James and Tracie Bibb (Appellants) appeal from an order denying their motion for a default judgment against defendant Title Insurer Agency, Inc. (Respondent) and granting Respondent's motion to file its answer out of time. Respondent has filed a motion to dismiss Appellants' appeal. Appellants have not filed a response. Respondents assert that this appeal should be dismissed because there is no final, appealable judgment. Appellants are appealing from an interlocutory order in their case that does not finally resolve even one of their claims against any of the defendants. Except for limited circumstances, an appellate court only has jurisdiction over final judgments that dispose of all claims and all parties in a case and leave nothing for future determination. O'Neill v. O'Neill, 864 S.W.2d 7, 8 (Mo.App.E.D. 1993). Moreover, for a judgment to be appealable, it must resolve at least one claim on the merits and cannot be a ruling on a miscellaneous issue that does not resolve even one claim. See, Gibson v. Brewer, 952 S.W.2d 239, 244 (Mo. banc 1997); See also, Ferguson v. Carson, 235 S.W.3d 607 (Mo.App.E.D. 2007). Here, the trial court's order does not resolve any claims in the underlying cause and is simply an interlocutory order on a miscellaneous issue. The entire cause of action remains pending in the trial court. The appeal is dismissed 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.