State of Missouri, ex rel. Sullivan, et al., Relators/Appellants, v. Phyllis Roberts, et al., Respondents.

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: State of Missouri, ex rel. Sullivan, et al., Relators/Appellants, v. Phyllis Roberts, et al., Respondents. Case Number: No. 71289 Handdown Date: 06/24/1997 Appeal From: Circuit Court of Jefferson County, Hon. Timothy J. Patterson Counsel for Appellant: Counsel for Respondent: Opinion Summary: Relators appeal dismissal of their claim against the mayor of Arnold and fellow members of the city council. Respondents' counterclaim is still pending in the trial court. Relators did not obtain certification that there was no just reason for delaying appeal. APPEAL DISMISSED. Division Two Holds: The judgment is not final when multiple claims are asserted and all claims are not adjudicated. The trial court must determine that there is no just reason for delay for the appeal when judgment is not final. Citation: Opinion Author: GERALD M. SMITH, Judge Opinion Vote: APPEAL DISMISSED. Crane, P.J. and Pudlowski, J., concur. Opinion:

Relators appeal from dismissal of the remaining count of their petition against respondents. The original petition sought prohibition, mandamus, a permanent injunction and money damages for abuse of process against respondents for their actions as members of the city council or to one respondent as mayor of the City of Arnold. Respondents filed counterclaims. One of the respondents dismissed his counterclaim. Relators dismissed the counts seeking prohibition,

mandamus, and a permanent injunction. The court dismissed relator's remaining count seeking damages. The judgment dismissing that count did not certify that no just reason for delay of the appeal existed. We dismiss the appeal. We raise sua sponte our jurisdiction over appeals. McKean v. St. Louis County, 936 S.W.2d 184 (Mo.App. 1996) [1-4]. We have jurisdiction only over final judgments. Id. An appealable judgment is one which disposes of all issues in the case, leaving nothing for further determination. Rule 74.01(b); Melahn v. Chicago Pneumatic Tool, 939 S.W.2d 390 (Mo.App. 1996)[1,2]. If multiple claims are asserted and the court does not adjudicate all claims, the judgment is not final. McKean, supra. The issues resolved by the trial court are appealable only if the trial court makes an express determination that there is no just reason for delay of the appeal. Id. Without such a finding we are without jurisdiction. Id. Still pending in the court below are the counterclaims of the respondents. Dismissal of the original petition does not dismiss the counterclaims. Rule 67.05. There has been no certification pursuant to Rule 74.01(b). We have no jurisdiction. Appeal dismissed. Separate Opinion: This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.