Jurisprudence Wireless Communications, Inc., d/b/a JWC Cellular, Appellant, v. Cybertel Corporation, d/b/a Ameritech Cellular Service, and Missouri Wide Cellular And Paging, Inc., Respondents.
Decision date: Unknown
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: Jurisprudence Wireless Communications, Inc., d/b/a JWC Cellular, Appellant, v. Cybertel Corporation, d/b/a Ameritech Cellular Service, and Missouri Wide Cellular And Paging, Inc., Respondents. Case Number: 71952 Handdown Date: 10/07/1997 Appeal From: Circuit Court of St. Louis, Hon. Robert H. Dierker, Jr. Counsel for Appellant: Douglas P. Dowd, James M. Dowd Counsel for Respondent: Eric Vieth, James W. Childress Opinion Summary: Appellant, Jurisprudence Wireless Communications, Inc., d/b/a JWC Cellular, appeals the judgment of the Circuit Court of the City of St. Louis dismissing its slander claim against respondent, Missouri Wide Cellular and Paging, Inc., for failure to state a claim. DISMISSED. Division One holds: This Court lacks jurisdiction to hear the appeal where the record fails to show the trial court's order was denominated "judgment" as required for appeals purposes pursuant to Rule 74.01(a). Accordingly, the appeal is dismissed. Citation: Opinion Author: Gary M. Gaertner, Judge Opinion Vote: DISMISSED. Grimm, P.J. and Pudlowski, J., concur. Opinion: Appellant, Jurisprudence Wireless Communications, Inc., d/b/a JWC Cellular ("plaintiff"), appeals the judgment of the Circuit Court of the City of St. Louis dismissing its slander claim against respondent, Missouri Wide Cellular and Paging, Inc. ("defendant"), for failure to state a claim.
As an initial matter, this Court must determine whether it has jurisdiction to entertain the issues raised before it. Skaggs v. Skaggs, 938 S.W.2d 302 (Mo.App.E.D. 1997). In order to invoke this Court's jurisdiction, the parties must appeal a written decree or order which has been signed by the trial judge and denominated a "judgment." Rule 74.01(a); City of St. Louis v. Hughes, No. 79514, Slip Op. at 6 (Mo.banc August 19, 1997). Such designation may appear at the top of the document, in the body of the writing, or in the form of a docket entry. Hughes, Slip Op. at 7. The record before us lacks any indication the order entered by the trial court was designated a "judgment" as required for appeals purposes. See id. Accordingly, this Court lacks jurisdiction to entertain the appeal. Based on the foregoing, the appeal is dismissed. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.
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