Around the World Importing, Inc. v. Mercantile Trust Co. Nat. Ass'n, 55129

CourtCourt of Appeal of Missouri (US)
Writing for the CourtHAMILTON; DOWD, P.J., and SIMON
Citation771 S.W.2d 919
PartiesAROUND THE WORLD IMPORTING, INC., et al., Plaintiffs-Appellants, v. MERCANTILE TRUST COMPANY NATIONAL ASSOCIATION and Susan T. McSwain, Defendants-Respondents.
Docket NumberNo. 55129,55129
Decision Date06 June 1989

Page 919

771 S.W.2d 919
AROUND THE WORLD IMPORTING, INC., et al., Plaintiffs-Appellants,
v.
MERCANTILE TRUST COMPANY NATIONAL ASSOCIATION and Susan T.
McSwain, Defendants-Respondents.
No. 55129.
Missouri Court of Appeals,
Eastern District,
Division Three.
June 6, 1989.

Page 920

Arthur G. Muegler, Jr., St. Louis, for plaintiffs-appellants.

David Wells, Michael J. Morris, John J. Carey, Thompson & Mitchell, St. Louis, for defendants-respondents.

HAMILTON, Judge.

Plaintiffs, Marvin Westhoelter, Betty Westhoelter, James Gerhardt, and Bonnie Gerhardt, both as statutory trustees for Around the World Importing, Inc., (hereinafter ATWI) and in their individual capacities, brought this action for negligence and fraudulent misrepresentation on behalf of ATWI and on behalf of themselves individually against Mercantile Trust Company (hereinafter Mercantile) and Susan T. McSwain. Plaintiffs appeal the jury's verdict and the trial court's rulings with respect to a motion in limine, certain requested jury instructions, and certain deposition testimony. We dismiss this appeal.

Plaintiffs filed this action in May, 1984. In August, 1985, they filed a six-count amended petition that alleged damage to ATWI and to the individual plaintiffs caused by Mercantile's negligent failure to recommend an appropriate financing plan pursuant to a contract allegedly entered for that purpose between ATWI and Mercantile (Counts I, III, and V); and by Mercantile's fraudulent misrepresentation with

Page 921

respect to a loan obtained by ATWI and personally guaranteed by the individual plaintiffs (Counts II, IV, and VI).

Prior to the commencement of trial on May 16, 1988, defendants filed a motion in limine requesting the trial court to exclude evidence of various elements of damage allegedly incurred by the plaintiffs. The trial court sustained defendants' motion with respect to the exclusion of evidence of damages to ATWI's reputation and damage sustained by the individual plaintiffs.

At the close of plaintiffs' case, defendants filed a motion for directed verdict with respect to each of the six counts alleged in the amended petition. The trial court overruled the motion in its entirety. At the close of all evidence, defendants renewed their motion for directed verdict, but the trial court again overruled it.

Thereafter, the trial court instructed the jury with respect to Count II only. At no time prior to instructing the jury did the trial court order dismissal of or direct a verdict with respect to Counts I, III, IV, V, or VI. The jury returned a...

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17 cases
  • Rubins v. Plummer, 89CA1421
    • United States
    • Colorado Court of Appeals of Colorado
    • 20 Diciembre 1990
    ...to be heard are: Lambrix v. Dugger, 547 So.2d 1265 (Fla.Dist.Ct.App.1989); Around the World Importing, Inc. v. Mercantile Trust Co., 771 S.W.2d 919 (Mo.Ct.App.1989); Gall v. Scroggy, 725 S.W.2d 867 (Ky.Ct.App.1987); Bloch v. Angney, 149 Vt. 29, 538 A.2d 174 (1987); Gleason v. Coman, 693 S.W......
  • Londoff v. Vuylsteke, 74782
    • United States
    • Court of Appeal of Missouri (US)
    • 27 Abril 1999
    ...its own motion, it must provide notice to the parties and an opportunity to be heard. Around the World Importing v. Mercantile Trust Co., 771 S.W.2d 919, 921 (Mo.App.1989). A dismissal of a case without proper notice operates as a dismissal without prejudice to the party seeking reinstateme......
  • McMullin v. Borgers, s. 57105
    • United States
    • Court of Appeal of Missouri (US)
    • 26 Febrero 1991
    ...the court along with the evidence. No appeal lies absent a final judgment. Around the World Importing, Inc. v. Mercantile Trust Company, 771 S.W.2d 919, 921 (Mo.App.1989). A final and appealable judgment disposes of all issues in the case and leaves nothing for future determination. Bay's T......
  • Henningsen v. Independent Petrochemical Corp., 63695
    • United States
    • Court of Appeal of Missouri (US)
    • 11 Enero 1994
    ...City Public Service Co., 251 S.W.2d 66, 68 (Mo.1952); Around the World Importing, Inc. v. Mercantile Trust Company National Ass'n., 771 S.W.2d 919, 921 (Mo.App.1989). In Around the World Importing, this court held the order was ineffective for failure to give notice before entry of a dismis......
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