Whiteaker v. City of Salem, 10673

Decision Date24 October 1977
Docket NumberNo. 10673,10673
Citation557 S.W.2d 489
PartiesLaveda Newcomb WHITEAKER, Plaintiff-Respondent, v. CITY OF SALEM, Missouri, Defendant-Appellant.
CourtMissouri Court of Appeals

Jerry B. Schnapp, Fredericktown, for plaintiff-respondent.

J. Max Price, Salem, for defendant-appellant.


On February 25, 1977, a Dent County jury returned a verdict favoring the plaintiff in an action to recover for injuries allegedly sustained as the result of driving her automobile into a depression in a city street. Appellant filed an after-trial motion. Thereafter, appellant initiated the present appeal by filing a notice of appeal. However, the appeal is premature as the transcript filed with this court demonstrates that no judgment has been entered in this case.

In Missouri, a final judgment forms the basis for appellate review. Section 512.020, V.A.M.S.; Rule 74.01, V.A.M.R. The absence of a final judgment deprives this court of appellate jurisdiction and would convert any purported review into a meaningless act.

The appeal must be, and is, dismissed for lack of a judgment.

All concur.

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