Johns Ex Rel. Johns v. Continental Western Insurance Co.

FLANIGAN, Chief Judge.

Plaintiffs, Gary Johns, Sr. and Gary Johns, Jr., brought this action against defendants Donedia Johns and Continental Western Insurance Company. Donedia Johns is the wife of Gary, Sr., and the mother of Gary, Jr. The trial court sustained a motion for summary judgment filed by Continental and, pursuant to Rule 74.01(b), 1 made an express determination that there was no just reason for delay. Plaintiffs appeal.

The trial court’s order sustaining Continental’s motion for summary judgment must be reversed for the independent reasons that the motion is defective and there is…