Reginald Bailey, Appellant v. The Board of Trustees of the Firemen's Retirement System of the City of St. Louis, 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: Reginald Bailey, Appellant v. The Board of Trustees of the Firemen's Retirement System of the City of St. Louis, Respondent. Case Number: ED89344 Handdown Date: 05/15/2007 Appeal From: Circuit Court of the City of St. Louis, Hon. John F. Garvey, Jr. Counsel for Appellant: Daniel J. Gauthier Counsel for Respondent: Paul R. Diekhoff Opinion Summary: Reginald Bailey appeals from an order dismissing his petition for administrative review. 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: Patricia L. Cohen, Presiding Judge Opinion Vote: DISMISSED. Norton, J., and Baker, J., Concur. Opinion: Reginald Bailey (Appellant) appeals from an order dismissing his petition for administrative review. The appeal is

dismissed. This Court has an obligation to determine sua sponte whether it has jurisdiction to entertain an appeal, 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" or "decree" to be appealable. Rule 74.01(a); Williams v. Imperial Homes, Inc., 169 S.W.3d 554, 555 (Mo.App.E.D. 2005). 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 for review is not denominated a judgment. We issued an order directing Appellant to show cause why his 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). We dismiss the appeal without prejudice 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.