OTT LAW

Sandra Rhodes, et al., Appellants, v. Westoak Realty, et al., 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: Sandra Rhodes, et al., Appellants, v. Westoak Realty, et al., Respondents. Case Number: 72208 Handdown Date: 11/18/1997 Appeal From: Circuit Court of the City of St. Louis, Hon. Julian L. Bush Counsel for Appellant: Elbert A. Walton, Jr. Counsel for Respondent: Robert C. Jones, Jr. Opinion Summary: Appellants Sandra Rhodes, Gennean Gillespie, and Otis Beckum appeal the City of St. Louis circuit court's judgment dismissing their petition against respondents Westoak Realty & Investment, Inc. and Robert C. Jones for failure to state a claim. DISMISSED. Division One holds: The record does not indicate the trial court's order was denominated a "judgment" pursuant to Rule 74.01(a). Therefore, this Court has no jurisdiction for lack of a final judgment. Citation: Opinion Author: PER CURIAM Opinion Vote: DISMISSED. Grimm, P.J., Pudlowski and Gaertner, JJ., concur. Opinion: Appellants, Sandra Rhodes, Gennean Gillespie, and Otis Beckum ("plaintiffs"), appeal the judgment of the Circuit Court of the City of St. Louis dismissing their petition filed against respondents, Westoak Realty & Investment, Inc., and Robert C. Jones ("defendants"), 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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