Byrd v. Brown

HOGAN, Judge.

This is a second appeal in the same case. See Byrd v. Brown, 613 S.W.2d 695 (Mo.App.1981). Our jurisdiction is challenged by plaintiffs’ motion to dismiss the appeal. To preserve some sense of coherence in the opinion, we must first consider the present state of the record, bearing in mind that all matters directly or inferentially decided on the first appeal have become the law of the case unless the former ruling was palpably wrong or there has been a substantial change in the facts. Lonnecker v. Borris, 245 S.W.2d 53, 55[1] (Mo.1951); Norris v. Bristow, 361 Mo. 691, 699, 236…