Southwestern Bell Yellow Pages, Plaintiff/Respondent v. Adjusters, Inc., Defendant/Appellant.

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: Southwestern Bell Yellow Pages, Plaintiff/Respondent v. Adjusters, Inc., Defendant/Appellant. Case Number: ED87302 Handdown Date: 04/04/2006 Appeal From: Circuit Court of St. Louis County, Hon. Barbara Ann Crancer Counsel for Appellant: Arthur G. Muegler, Jr. Counsel for Respondent: James Nymark Fendelman Opinion Summary: Appellant Adjusters, Inc., appeals from an order denying his motion to quash execution and garnishment. APPEAL 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: Glenn A. Norton, Chief Judge Opinion Vote: APPEAL DISMISSED. Dowd, Jr., J. and Shaw, J., Concur. Opinion: Adjusters, Inc.(Appellant) appeals from an order denying his motion to quash execution and garnishment. We dismiss the appeal. This Court must determine sua sponte whether it has jurisdiction to entertain this appeal. 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). "To invoke this Court's jurisdiction, parties must appeal a written decree or order which has been signed by the trial judge and denominated a 'judgment.'" Jon E. Fuhrer Co. v. Gerhardt, 955 S.W.2d 212, 213 (Mo. App. E.D. 1997); Rule 74.01(a). 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 denying Appellant's motion to quash 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). While the denial of a motion to quash execution is appealable, it must be denominated a judgment under Rule 74.01(a) or this Court lacks jurisdiction. Brooks v. Brooks, 98 S.w.3d 530, 532 (Mo. banc 2003); Grissum v. Soldi, 87 S.W.3d 915, 917 (Mo. App. S.D. 2002). 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.