Raymond Earl Stipp and Margie Nadine Stipp, Plaintiffs-Appellants, v. Larry Meadows, d/b/a Meadows Tri-State Auto Salvage; Larry Meadows, d/b/a Larry Meadows Tri-State Truck Salvage; Larry Meadows, Individually; and Nathan Meadows, individually, Defendants-Respondents.
Decision date: Unknown
Slip Opinion Notice
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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 Southern District Case Style: Raymond Earl Stipp and Margie Nadine Stipp, Plaintiffs-Appellants, v. Larry Meadows, d/b/a Meadows Tri-State Auto Salvage; Larry Meadows, d/b/a Larry Meadows Tri-State Truck Salvage; Larry Meadows, Individually; and Nathan Meadows, individually, Defendants-Respondents. Case Number: 21747 Handdown Date: 03/04/1998 Appeal From: Circuit Court of Jasper County, Hon. Jon Dermott, Circuit Judge Counsel for Appellant: Steven L. Groves, Robert S. Bogard Counsel for Respondent: William J. Lasley Opinion Summary: None Citation: Opinion Author: James K. Prewitt, Judge Opinion Vote: DISMISSED. Garrison, P.J., and Crow, J., concur. Opinion: Following jury trial, the jury returned a verdict adverse to Plaintiffs' claims for personal injuries following an automobile collision. Plaintiffs' Notice of Appeal recites that the verdict and judgment were entered on February 18, 1997. Attached to the Notice of Appeal are docket sheets indicating that trial commenced on February 18, and ended on February 20, when the verdict was returned. The transcript confirms these dates. There is nothing in the docket sheets remotely resembling a judgment nor any entry on the docket sheets indicating a judgment was separately entered. Under Rule 81.12(a), a legal file should always contain the judgment if that order is appealed from. Here, there is none. Under Rule 74.01(a), for there to be a judgment, it must be (1) in writing; (2) signed by the judge; (3) denominated "judgment"; and (4) filed. Brooks v. Director of Revenue, 954 S.W.2d 715, 716 (Mo.App. 1997). See also City of St. Louis v. Hughes, 950 S.W.2d 850 (Mo.banc 1997). None of these requirements were met. Absent a judgment and the record does not show such, this Court does not have jurisdiction and must dismiss the appeal. Brooks, supra.
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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