Missouri Court of Appeals, Western District / Apr 21, 2020
Shirley Buxton vs. Brenda Todd and Bank of Kirksville
Shirley Buxton sued Brenda Todd and Bank of Kirksville for conversion, fraud, and breach of fiduciary duty. The trial court dismissed Buxton's petition with prejudice via a docket entry, and later denied her motion to set aside the dismissal, concluding it had lost jurisdiction. The appellate court reversed the trial court's judgment, holding that the initial dismissal was not a final judgment under Rule 74.01(a) because it was a docket entry not signed by the judge or denominated "judgment." Therefore, Rule 75.01's thirty-day jurisdictional limit did not apply, and the trial court retained jurisdiction. The case was remanded for further proceedings.