Missouri Court of Appeals, Western District / Feb 18, 2020
Bradley Bearden vs. Missouri Valley College, et al.
Bradley Bearden sued Missouri Valley College (MVC) for negligence and premises liability after sustaining an injury during a fraternity initiation. The trial court granted partial summary judgment in favor of MVC, finding no duty or causation. Bearden subsequently filed a voluntary dismissal of the entire cause of action without prejudice. The appellate court dismissed Bearden's appeal, concluding that the voluntary dismissal rendered the partial summary judgment a nullity and thus not a final appealable judgment, thereby depriving the court of jurisdiction.