Warmann v. Ebeling, 44071
| Citation | 625 S.W.2d 691 |
| Decision Date | 01 December 1981 |
| Docket Number | No. 44071,44071 |
| Parties | Floyd C. WARMANN and Jeanette Rand Mitchell, Appellants, v. Morris K. EBELING, George P. Meier and David R. Mars, Respondents. |
| Court | Court of Appeal of Missouri (US) |
Alan G. Kimbrell, St. Louis, for appellants.
Albert M. Schlueter, Lamar E. Ottsen, Jr., Clayton, for respondents.
Plaintiffs Warmann and Mitchell sued defendants Ebeling, Meier and Mars. They alleged fraud in the sale of grain elevators. Defendants Meier and Mars moved for summary judgment and plaintiffs have appealed from the trial court's order granting that motion.
Preliminarily we note that the judgment appealed from is silent as to defendant Ebeling. Here, defendants Meier and Mars squarely challenge the judgment's appealability since it did not dispose of plaintiffs' claim against defendant Ebeling. In neither plaintiffs' brief nor their reply brief do they refer to the challenge of nonfinality of the judgment from which they are attempting to appeal.
To be appealable a judgment must have disposed of "all issues and all parties". Hill v. Boles, 583 S.W.2d 141(4-6) (Mo.banc 1979). This is required to avoid "piecemeal presentation of cases on appeal". Bolin v. Farmers Alliance Mutual Insurance Co., 549 S.W.2d 866(2, 3) (Mo.banc 1977). To the same effect see MFA Mutual Insurance Co. v. Home Mutual Insurance Co., 600 S.W.2d 521(1) (Mo.App.1980), holding it is settled law that a judgment is final and appealable only when it disposes of all parties. Citing that case, it was held in Haarmann v. Davis, 620 S.W.2d 39 (Mo.App.1981), that a judgment is not appealable when it does not dispose of all parties.
It follows that plaintiffs are attempting to appeal from an unappealable judgment.
Appeal dismissed.
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...taken regarding the other defendants, an appeal by the plaintiffs at this point is premature and must be dismissed”); Warmann v. Ebeling, 625 S.W.2d 691 (Mo.App. E.D.1981) (holding that the plaintiff's appeal must be dismissed because the plaintiff sued three defendants for fraud and the tr......
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First Cmty. Credit Union v. Levison, ED98352
...regarding the other defendants, an appeal by the plaintiffs at this point is premature and must be dismissed"); Warmann v. Ebeling, 625 S.W.2d 691 (Mo. App. E.D. 1981) (holding that the plaintiff's appeal must be dismissed because the plaintiff sued three defendants for fraud and the trial ......
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Willman v. Walker, 51933
...of cases on appeal." Bolin v. Farmers Alliance Mut. Ins. Co., 549 S.W.2d 886, 889 (Mo. banc 1977). The case of Warmann v. Ebeling, 625 S.W.2d 691 (Mo.App.1981) presented a similar situation. In Warmann, the plaintiff sued three defendants for fraud. The trial court granted summary judgment ......
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Ahern v. Turner, 52475
...record is silent as to any disposition of the other parties, the judgment granting summary judgment is not appealable. Warmann v. Ebeling, 625 S.W.2d 691 (Mo.App.1981); Hill v. Boles, supra, 583 S.W.2d at The plaintiff attempts to appeal from an unappealable judgment. The appeal is dismisse......