Hallmark v. Stillings

HOGAN, Judge.

This is an action in replevin tried to the court under the provisions of Chapter 533, RSMo 1978 and Civil Rule 99. 1 Plaintiff had judgment and defendant appealed. Because the judgment rendered was not in the form contemplated by Rules 99.12 and 99.-13, this court reversed and remanded the cause for entry of a new judgment without addressing the merits of the appeal. Hallmark v. Stillings, 620 S.W.2d 436 (Mo.App. 1981). Upon remand, the trial court entered a new judgment; defendant again appealed. The appeal is thus before the court for a second time but there is no “second…