Missouri Court of Appeals, Eastern District / Nov 28, 2023
Topping Estates, Carey Mullen, Eric Danker, and Carter Oldfield, Appellants, vs. The Spalitto Living Trust, Peter J. Spalitto, and Susan V. Spalitto, Respondents.
Topping Estates, a subdivision association, and its alleged trustees appealed from the circuit court's partial summary judgment, which found the subdivision's indentures expired, void, or invalid. The circuit court certified the order for appeal, but the appellate court determined that the partial summary judgment was not a final, appealable judgment because pending counterclaims arose from the same operative facts. Consequently, the appellate court dismissed the appeal for lack of jurisdiction.