Legal Opinion

Fallin v. McClain

Missouri Court of Appeals

Decided September 3, 1982No. 12447PublishedCited by 5 opinions

1Per curiam

This appeal must be dismissed because, for lack of a final judgment, it is premature. “A judgment is the final determination of the right of the parties in the action.” § 511.020.1 With exceptions not applicable here, § 512.020 requires, as a predicate for an appeal, “any final judgment in the case.”

“[N]o matter how many counts there may be in a petition, there can be but one final judgment in the case. That judgment may be for one party on one count, and for the other party on the other count, but it must all be expressed in one judgment.” Russell v. St. Louis & Suburban Ry. Co., 154 Mo.…

2Cases cited4 opinions

  1. Russell v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
  2. Hance v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANYMissouri Court of Appeals · 1955
  3. Hallmark v. StillingsMissouri Court of Appeals · 1981
  4. Lester v. DyerMissouri Court of Appeals · 1974

3Cited by5 opinions

  1. Coleman v. MerittMissouri Court of Appeals · 2010
  2. Fallin v. McClainMissouri Court of Appeals · 1983
  3. Lane House Construction, Inc. v. Lufeo Douglas Sithole, Patricia Sithole, and Mary Ann LiebmanMissouri Court of Appeals · 2016
  4. State ex rel. Hartman v. CasteelMissouri Court of Appeals · 1984
  5. Johnson-Mulhern Properties, LLC v. TCI Cablevision of Missouri, Inc.Missouri Court of Appeals · 1998

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