Kansas City Power & Light Co. v. Kansas City
Decision Date | 08 April 1968 |
Docket Number | No. 1,No. 53145,53145,1 |
Citation | 426 S.W.2d 105 |
Parties | KANSAS CITY POWER & LIGHT COMPANY, a Corporation, Respondent, v. KANSAS CITY, Missouri, a Municipal Corporation, Appellant |
Court | Missouri Supreme Court |
Thomas M. Sullivan, Downey, Sullivan, McCormick & Fitzgerald, Kansas City, for respondent.
Herbert C. Hoffman, City Counselor, Ned B. Bahr, Associate City Counselor, Richard W. Mason, Jr., Associate City Counselor, Kansas City, for appellant.
HOUSER, Commissioner.
Kansas City Power & Light Company filed a petition in two counts against Kansas City, Missouri. The first count is to quiet title to Lot 8 of Hawthorn Plantside Addition, a subdivision in that city, and for a decree adjudging that plaintiff is the fee simple owner of the land, subject only to an easement for levee purposes. The second count is for an accounting of all monies, rentals and crops received by defendant in its use of the land, under certain lease and rental arrangements alleged to have been made.
The case was tried to the court on both counts. The judgment entered, responsive to the issues drawn on Count I, did not dispose of or refer to the issues framed on Count II. The court did not specifically designate the judgment as a final judgment for the purposes of appeal. Defendant, appealing from the judgment, complains only of the action of the court in quieting title in fee simple in plaintiff.
As indicated, the record shows that the case was tried to the court on both counts. In opening statement counsel for plaintiff, after referring to the fact that a dispute arose as to the ownership of this tract of ground, stated Plaintiff's counsel during the presentation of evidence at first suggested that Count II be 'left in abeyance,' but then indicated that plaintiff did not want to waive its claim under Count II and proceeded to introduce evidence showing the amount of the rents collected. The full transcript on this phase of the case follows:
In the judgment entry the court recited that plaintiff 'adduced evidence in support of its Petition and that the Defendant has adduced evidence in support of its Answer (which admitted leases and rental arrangements; admitted that defendant had not accounted to plaintiff for crops and rentals; denied plaintiff's right to an accounting thereof and denied any indebtedness to plaintiff for crops or rentals), and the Court having examined the pleadings and having heard the evidence and the statements of counsel, and being fully advised herein, DOES ENTER ITS JUDGMENT * * *' (plaintiff and against defendant and that plaintiff is the owner in fee simple of the land (described); that defendant has an easement for levee purposes; that defendant has no other right, title or interest in the real estate and is barred, precluded and estopped from claiming and asserting any other right, title and interest therein, and assessing the costs against defendant). the issues for
A court, ever mindful of its jurisdiction, must determine whether or not a final judgment has been appealed from, regardless of whether the issue has been raised by the parties. Deeds v. Foster, Mo.Sup., 235 S.W.2d 262, 265(4); Hance v. St. Louis-San Francisco R. Co., Mo.App., 283 S.W.2d 879, 880. The right of appeal is purely statutory and when the statutes do not give such right, no right exists. Dudeck v. Ellis, Mo.Sup., 376 S.W.2d 197, 204(2); Civil Rule 82.01, V.A.M.R.; § 512.020, RSMo 1959, V.A.M.S. Section 512.020, RSMo 1959, V.A.M.S., provides for an appeal 'from any final judgment in the case' and from certain other orders and judgments not here pertinent. Section 511.020, RSMo 1959, V.A.M.S., defines a judgment as '* * * the final determination of the right of the parties in the action.' In Dudeck v. Ellis, supra, 376 S.W.2d, l.c. 204, this Court said: ...
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