Hoevelman v. Reorganized School Dist. R2 of Crawford County, 8797

Decision Date26 July 1968
Docket NumberNo. 8797,8797
Citation430 S.W.2d 753
PartiesJack HOEVELMAN, Plaintiff-Respondent, v. REORGANIZED SCHOOL DISTRICT R2 OF CRAWFORD COUNTY, Missouri, Defendant-Appellant.
CourtMissouri Court of Appeals

G. C. Beckham, Steelville, for defendant-appellant.

Morton K. Lange, Steelville, for plaintiff-respondent.

TITUS, Judge.

Plaintiff sued the defendant school district in the Magistrate Court of Crawford County for $580 allegedly due him under a school bus driver's contract. After the cause went to the Circuit Court of Crawford County upon the filing there of the transcript from the Magistrate Court, defendant, per Rule 74.04, 1 filed a motion for summary judgment which was overruled. After an unavailing motion for new trial on the summary judgment order, defendant now appeals to this court 'from the order and judgment, overruling defendant's motion for summary judgment.' Our instant concern is with plaintiff's motion to dismiss the appeal because the order of the Circuit Court overruling the motion for summary judgment 'was not a final appealable judgment.'

'The right of appeal shall be as provided by law' (Rule 82.01), it exists only where and when conferred by statute, and if no such right is granted by statute, then no right of appeal exists. 2 As material here, § 512.020 of our statutes provides that any aggrieved party to a suit may appeal '* * * from any final judgment in the case * * *,' and Rule 74.01 and § 511.020 define 'a judgment' as being 'the final determination of the rights of the parties in the action.' For a judgment to be final and appealable it must dispose of all parties and all issues in the case and leave nothing for further determination. Elliott v. Harris, Mo. (banc), 423 S.W.2d 831, 832(1); Scheid v. Pinkham, Mo., 395 S.W.2d 166, 168(2). Sans specific statutory authority, appeals do not lie from adverse rulings on motions which do not finally determine and dispose of the cause. 3

Concerning the appealability of an order denying a motion for summary judgment, The Supreme Court of The United States in Switzerland Cheese Association, Inc. v. E. Horne's Market, Inc., 385 U.S. 23, 25, 87 S.Ct. 193, 195, 17 L.Ed.2d 23, 25, said: '* * * the denial of a motion for a summary judgment * * * does not settle or even tentatively decide anything about the merits of the claim. It is strictly a pretrial order that decides only one thing--that the case should go to trial.' Federal courts have consistently held an order denying a motion for summary judgment is not a final judgment for purposes of appeal. 4 This is also the rule in Missouri. Barnett v. Barnett, Mo.App., 413 S.W.2d 1, 2(1); cf. Black v. Sanders, Mo., 414 S.W.2d 241, 245(5).

For the reasons stated, plaintiff's motion to dismiss is sustained and the appeal is ordered dismissed.

HOGAN, P.J., and STONE, J., concur.

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12 cases
  • Herndon v. Ford
    • United States
    • Missouri Court of Appeals
    • August 5, 1971
    ...2, 3(2); United Security Ins. Co. v. Volkswagen of America, Inc., Mo.App., 447 S.W.2d 585, 588(1); Hoevelman v. Reorganized School Dist. R2 of Crawford County, Mo.App., 430 S.W.2d 753, 754, and cases collected in note 2. As relevant here, V.A.M.S. § 512.020 extends this right of appeal only......
  • National Motor Club of Mo., Inc. v. Noe
    • United States
    • Missouri Supreme Court
    • January 10, 1972
    ...to expend great attorney fees to defend the suits. The contention is disposed of by the case of Hoevelman v. Reorganized School Dist. R2 of Crawford County, Mo.App., 430 S.W.2d 753, 754, holding that an appeal does not lie from an order denying a motion for summary judgment since such ordin......
  • Cochran v. DeShazo
    • United States
    • Missouri Court of Appeals
    • June 24, 1976
    ...United Security Ins. Co. v. Volkswagen of America, Inc., 447 S.W.2d 585, 588(1) (Mo.App.1969); Hoevelman v. Reorganized School Dist. R2 of Crawford County, 430 S.W.2d 753, 754(2) (Mo.App.1968)); and, as relevant here, § 512.020 grants this right of appeal only to parties who may be aggrieve......
  • Hoevelman v. Reorganized School Dist. R2 of Crawford County, 8887
    • United States
    • Missouri Court of Appeals
    • February 26, 1970
    ...'order and judgment overruling defendant's motion for summary judgment.' Hoevelman v. Reorganized Sch. D. R2 of Crawford Co., Mo.App., 430 S.W.2d 753. This second appeal by defendant is from a $580 verdict-judgment returned and entered for plaintiff in his suit to collect the balance allege......
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