Wile v. Donovan
| Decision Date | 19 September 1974 |
| Docket Number | No. 9649,9649 |
| Citation | 514 S.W.2d 177 |
| Parties | George S. WILE and Retta Y. Akers Wile, Plaintiffs-Respondents, v. Marie E. DONOVAN and Jack Donovan, Defendants-Appellants. |
| Court | Missouri Court of Appeals |
John M. Belisle, Morran D. Harris, Osceola, for defendants-appellants.
David H. Jackson, Osceola, for plaintiffs-respondents.
The defendants in this action are Marie Donovan and her son, Jack Donovan. The failure of the judgment to dispose of the issues between the plaintiffs and defendant Jack Donovan necessitates a dismissal of this appeal because of its prematurity.
The first amended petition, upon which this non-jury action was tried, alleged, among other things, that on May 15, 1970, the two plaintiffs were owners of certain real estate in St. Clair County; that on said date, by a warranty deed absolute on its face, plaintiffs conveyed the title to said real estate to the defendant Marie Donovan; that 'at the time of said conveyance the plaintiff (sic) was endebted to the defendants in the sum of approximately $15,000.00'; that said deed 'was made for the purpose of securing said debt to the defendants and was accepted by the defendants by way of security and not otherwise'; that 'at the time of the execution of said deed, it was agreed by and between the plaintiff (sic) and the defendants that upon payment of said debt, the defendants would reconvey said real estate to the plaintiff (sic)'; that prior to the date for payment of said debt, 'plaintiffs were ready and able and willing to pay said debt and requested of defendants the correct balance of said indebtedness . . . but defendants refused' to furnish said information and refused to reconvey the land. The petition included a tender of the amount due 'defendants.'
The petition prayed for a decree declaring the warranty deed to be a mortgage and requested other equitable relief.
The separate answer of defendant Jack Donovan denied most of the quoted allegations of the petition and requested a dismissal of the action with respect to him.
Following the trial the court entered its 'findings and judgment decree' which, in general, resolved the issues in favor of plaintiffs and against defendant Marie Donovan. However, the decree did not grant plaintiffs any relief against defendant Jack Donovan, nor did it discharge defendant Jack Donovan from any liability to the plaintiffs.
In Starnes v. Aetna Casualty and Surety Company, 503 S.W.2d 129, 130(1) (Mo.App.1973), this court, with citation of authorities, stated the following familiar principles: "The right of appeal shall be as provided by law' . . . i.e., the right to appeal is purely statutory. . . . To be ripe for appeal, a judgment must finally dispose of all issues raised by the pleadings . . . and it is the duty of an appellate court, sua sponte if not otherwise, to determine if a final appealable judgment has been rendered before it undertakes to consider the matter on its...
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Jones v. Washburn
...Allstate Insurance Co. v. Northwestern National Ins. Co. of Milwaukee, Wisconsin, 539 S.W.2d 118 (Mo.App.1976); Wile v. Donovan, 514 S.W.2d 177, 178(3) (Mo.App.1974); Lewis v. Esselman, 512 S.W.2d 423, 424 (Mo.App.1974); Barton v. City of Ellisville, 504 S.W.2d 202(2) (Mo.App.1973)), "which......
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Wallace v. Hankins
...V.A.M.S. To be ripe for appeal, a judgment or decree must finally dispose of all issues raised by the pleadings (Wile v. Donovan, 514 S.W.2d 177, 178(2) (Mo.App.1974)), and must constitute a final disposition of the cause. Johnson v. Great Heritage Life Insurance Co., 490 S.W.2d 686, 689(2)......
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National Auto. & Cas. Ins. Co. v. National Indem. Corp., 40421
...School Dist., 246 S.W.2d 523 (Mo.App.1952); Beezley v. National Life and Accident Ins. Co., 464 S.W.2d 535 (Mo.App.1971); Wile v. Donovan, 514 S.W.2d 177 (Mo.App.1974). Skatoff does, however, present a situation in which the court found that the relief sought against the non-dismissed defen......
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...by the pleadings, and this court is bound to inquire sua sponte whether the judgment entered is final and appealable. Wile v. Donovan, 514 S.W.2d 177, 178(2) (Mo.App.1974). There is no doubt of our jurisdiction over the subject matter of the action, and the parties could have stipulated as ......