Shurtz v. Jost

CRIST, Presiding Judge.

Jost (seller) appeals a jury verdict of $1,401.68 entered for Shurtz (broker). This case is before us for the third time on appeal. Again, we must dismiss the appeal as premature.

This court dismissed seller’s previous appeal as premature, because the judgment appealed from did not dispose of Count II of broker’s petition against seller. Shurtz v. Jost, 647 S.W.2d 580 (Mo.App.1983). Broker subsequently dismissed Count II of his petition without prejudice. On July 25, 1983, seller again filed a notice of appeal with the circuit court.

Because the judgment of May 20, 1980…