Elmore v. Whorton, 11199
| Decision Date | 23 May 1979 |
| Docket Number | No. 11199,11199 |
| Citation | 581 S.W.2d 950 |
| Parties | Bob ELMORE, d/b/a Bob's Real Estate, Plaintiff-Appellant, v. James WHORTON, Individually and as agent for Robert Leonard, d/b/a the R. Leonard Company, Robert Leonard, d/b/a the R. Leonard Company, John Huff, Individually and as agent for Ernest Woodall, d/b/a Republic Continental Real Estate Company, and Ernest Woodall, d/b/a Continental Real Estate Company, Defendants-Respondents. |
| Court | Missouri Court of Appeals |
No appearance for plaintiff-appellant.
Gerald H. Lowther, Lowther, Johnson & Baird, Springfield, for defendants-respondents.
Plaintiff sued defendants for what he alleged was his share of a previously paid real estate broker's commission. Defendants answered and counterclaimed for actual and punitive damages for "illegal, improper, and perverted use of the process." The jury returned verdicts in favor of defendants on plaintiff's petition and awarded defendants $1,000 actual damages on their counterclaim. Subsequent to the filing of plaintiff's post-trial motion and in consideration thereof, the trial court, in its "Minutes of Proceedings", wrote: Plaintiff appealed "from so much of said judgment which denied his claim for a share of a real estate broker's commission (but not) from the judgment in his favor (on defendants' counterclaim)."
The "Minutes of Proceedings," supra, may suffice as a minute or docket entry but falls far short of constituting a final judgment from which an appeal may be taken. Gray v. Bryant, 557 S.W.2d 489 (Mo.App.1977); Riverside Chemical Co. v. Hawkins, 555 S.W.2d 369, 370 (Mo.App.1977); Cochran v. DeShazo, 538 S.W.2d 598, 601(6) (Mo.App.1976). Whiteaker v. City of Salem, 557 S.W.2d 489, 490 (Mo.App.1977).
It is so ordered.
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