Missouri Court of Appeals, Western District / Dec 26, 2023
Mary and Sherry Davis, Kevin Laughlin, David and Denise Kamm vs. City of Kearney, Missouri
Mark and Sherry Davis, David and Denise Kamm, and Kevin Laughlin filed an inverse condemnation action against the City of Kearney due to increased stormwater flow causing erosion. The trial court granted a directed verdict for Laughlin and jury verdicts for the Davises and Kamms, but did not determine prejudgment interest or the date of taking. On cross-appeals, the Missouri Court of Appeals, Western District, dismissed the appeals for lack of a final judgment. The court held that a judgment reserving the calculation of prejudgment interest and the date of taking is not final and appealable, thus depriving the appellate court of jurisdiction.