Macon-Atlanta State Bank v. Gall, MACON-ATLANTA

CourtCourt of Appeal of Missouri (US)
Writing for the CourtDIXON
Citation647 S.W.2d 585
PartiesTheSTATE BANK, a banking corporation, Plaintiff-Respondent, v. Raymond GALL and Jerry Gall, Defendants-Appellants, and Freddie D. Liebhart, Mary C. Liebhart, Zelta Gall, and James Gall, Defendants. 32605.
Decision Date08 February 1983
Docket NumberMACON-ATLANTA,No. WD

Page 585

647 S.W.2d 585
The MACON-ATLANTA STATE BANK, a banking corporation,
Plaintiff-Respondent,
v.
Raymond GALL and Jerry Gall, Defendants-Appellants,
and
Freddie D. Liebhart, Mary C. Liebhart, Zelta Gall, and James
Gall, Defendants.
No. WD 32605.
Missouri Court of Appeals,
Western District.
Feb. 8, 1983.

Richard N. Brown, Brown & Casey, Brookfield, for defendants-appellants.

Joseph M. Ellis, Ellis & Meyer, Macon, Louis F. Cottey, Oswald & Cottey, Kirksville, for plaintiff-respondent.

James P. Williams, Devoy & Williams, Brookfield, for defendants, Freddie D. Liebhart and Mary C. Liebhart.

Before SHANGLER, P.J., and PRITCHARD and DIXON, JJ.

DIXON, Judge.

Because there is no final appealable judgment or order in this case, the appeal must be dismissed. Rule 81.06.

The legal file reflects that the trial court ordered a separate trial on Count I of the six-count petition in this case. That trial was conducted and the judgment of the trial court for the plaintiff on Count I was appealed by two of the defendants in that count. The six-count petition filed by plaintiff Macon-Atlanta against the defendants Raymond, Zelta, Jerry, and James Gall, and the defendants Freddie and Mary Liebhart asserted claims and issues arising out of a trustee's sale of a farm on which the bank held a note and deed of trust. The record owners of the farm were Raymond and Zelta Gall. Various counts of plaintiff's petition include counts for rental value of the farm land following the foreclosure, the rental value of the farm house, and a prayer for damages under a contract between the plaintiff bank and the purchasers Liebhart and Raymond and Jerry Gall for the sale of a portion of the land foreclosed. The basis of this claim was the dispute between the parties with respect to defects in title arising from the same trustee's sale. The plaintiff's petition was met by counterclaims and the pleading of the various affirmative defenses, as well as cross-suits by some of the defendants for affirmative relief against the plaintiffs.

The jurisdiction of an appellate court must be determined before consideration of the appeal. That determination, if necessary, may be sua sponte. Kansas City Power & Light Co. v. Kansas City, 426

Page 586

S.W.2d 105 (Mo.1968). Under Rule 81.06, before a separately tried claim in a court-tried suit involving more than one claim arising out of the same transactions, occurrences, or subject matter may be appealed, the court must...

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2 practice notes
  • Macon-Atlanta State Bank v. Gall, MACON-ATLANTA
    • United States
    • Court of Appeal of Missouri (US)
    • February 14, 1984
    ...Raymond and Jerry Gall filed an appeal. That appeal was dismissed for lack of a final judgment. Macon-Atlanta State Bank v. Gall, 647 S.W.2d 585 (Mo.App.1983). Upon remand, the trial court entered an order making the judgment final for the purposes of appeal, and this appeal The present app......
  • Schwartz v. Walsh, No. 49231
    • United States
    • Court of Appeal of Missouri (US)
    • June 11, 1985
    ...in situations where the trial court has failed to dispose of all issues raised by the pleadings. Macon-Atlanta State Bank v. Gall, 647 S.W.2d 585 (Mo.App.1983), appeal after remand, 666 S.W.2d 934 (Mo.App.1984). Rule 81.06, V.A.M.R. The order in question did not purport to adjudge the pendi......
2 cases
  • Macon-Atlanta State Bank v. Gall, MACON-ATLANTA
    • United States
    • Court of Appeal of Missouri (US)
    • February 14, 1984
    ...Raymond and Jerry Gall filed an appeal. That appeal was dismissed for lack of a final judgment. Macon-Atlanta State Bank v. Gall, 647 S.W.2d 585 (Mo.App.1983). Upon remand, the trial court entered an order making the judgment final for the purposes of appeal, and this appeal The present app......
  • Schwartz v. Walsh, No. 49231
    • United States
    • Court of Appeal of Missouri (US)
    • June 11, 1985
    ...in situations where the trial court has failed to dispose of all issues raised by the pleadings. Macon-Atlanta State Bank v. Gall, 647 S.W.2d 585 (Mo.App.1983), appeal after remand, 666 S.W.2d 934 (Mo.App.1984). Rule 81.06, V.A.M.R. The order in question did not purport to adjudge the pendi......

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