Ramatowski v. Ramatowski
| Decision Date | 18 April 1967 |
| Docket Number | No. 32551,32551 |
| Citation | 414 S.W.2d 827 |
| Parties | Mary RAMATOWSKI, Plaintiff-Respondent, v. Richard RAMATOWSKI, Defendant-Appellant. |
| Court | Missouri Court of Appeals |
Stewart & Bruntrager, St. Louis, for defendant-appellant.
Francis L. Kane, David L. Campbell, St. Louis, for plaintiff-respondent.
DOERNER, Commissioner.
With commendable frankness counsel for defendant, the appellant, have voluntarily raised the question of whether the judgment appealed from in this case is a final and appealable judgment. They conclude that it is, a decision with which, regretably, we cannot agree.
Plaintiff and defendant are wife and husband. Plaintiff began the suit by filing a petition for a divorce, to which defendant initially responded by filing an answer and cross-bill in which he sought the divorce. Subsequently, defendant filed an amended cross-bill in which he alleged that at the time the parties went through the marriage ceremony plaintiff was, and for some time theretofore had been, insane, and prayed that the marriage be annulled. At the suggestion and request of defendant the court appointed a guardian ad litem for plaintiff, who was later joined by a guardian of plaintiff's person appointed by the Probate Court of the City of St. Louis.
At the start of the trial, held on June 8, 1965, after all had announced ready, trial counsel for defendant stated to the court that he would proceed with defendant's case, that no evidence would be offered on the part of plaintiff, and moved for the dismissal of plaintiff's petition. Neither of the guardians, who are members of the Bar and who also served as attorneys for plaintiff, made any comment. The court replied that it would rule on defendant's motion at the close of all the evidence. The parties then proceeded to introduce evidence pro and con on the issue of plaintiff's sanity, at the conclusion of which the guardians separately moved for the dismissal of defendant's cross-bill. The court took the entire matter under submission. On November 19, 1965, the court entered the following order:
In due time defendant filed his motion for a new trial or in the alternative for judgment in his favor, stated in that order. Under the date of December 17, 1965, the following entry appears in the record:
Subsequently, the court overruled defendant's alternative motion for a new trial or judgment and defendant brought this appeal.
As stated in Pizzo v. Pizzo, 365 Mo. 1224, 295 S.W.2d 377, cited by defendant, the general rule is that a judgment to be final and appealable must dispose of all parties and all issues in the case and leave nothing for further determination. Section 512.020, RSMo 1959, V.A.M.S. Civil Rule 82.06, V.A.M.R., governs the separate trials of claims and the finality for appeal of resulting judgments. The first sentence would seem applicable only to jury-tried cases, for it provides that when a separate trial of any claim is ordered and a jury trial is had, the separate judgment entered upon the verdict shall be deemed a final judgment for the purposes of appeal within the meaning of Section 512.020. The second and third sentences, with which we are here concerned, read:
...
To continue reading
Request your trial
-
Paulus v. City of St. Louis
...Co. v. Kansas City, Mo., 426 S.W.2d 105, 108; Schumacher v. Sheahan Investment Co., Mo.App., 424 S.W.2d 84, 86; Ramatowski v. Ramatowski, Mo.App., 414 S.W.2d 827, 828--829; L & L Leasing Co. v. Asher, Mo.App., 440 S.W.2d 181, 182. See, in relation to the power of a trial court over its judg......
-
Johnson v. Great Heritage Life Ins. Co., 34434
...court at the time the appeal is sought and not by what may or may not thereafter occur in the appellate court. Ramatowski v. Ramatowski, Mo.App., 414 S.W.2d 827, 829(4). What is or is not a final judgment so as to be appealable depends upon the circumstances of each individual case. Clasen ......
-
State ex rel. and to Use of Fletcher v. New Amsterdam Cas. Co.
...judgment unless specifically so designated by the court. Readenour v. Motors Ins. Corp., Mo., 297 S.W.2d 554; Ramatowski v. Ramatowski, Mo.App., 414 S.W.2d 827. There has been no such designation in this case. In the instant case, both the petition and the third-party petition are based on ......
-
Schumacher v. Sheahan Inv. Co.
...Co. v. General Insurance Co. of America, Mo., 422 S.W.2d 617, November 13, 1967; Bays v. Lueth, Mo., 323 S.W.2d 236; Ramatowski v. Ramatowski, Mo.App., 414 S.W.2d 827. On the other hand, defendant Barnett has filed a motion to dismiss the appeal on the ground that plaintiff's brief fails in......