Choate v. Hicks

JOHN E. PARRISH, Judge.

This is an appeal from a judgment denying appellant’s motion to file a “First Amended Answer and Counterclaim.” The trial court found, pursuant to Rule 74.01(b), that there was no just reason for delay. It concluded its judgment was “final for purposes of appeal.”1 The judgment is reversed. The case is remanded with directions.

Respondents sought partition of a tract of real estate located in Dallas County, Missouri, in which appellant claimed an interest by reason of a warranty deed dated October 30, 1992. Respondent Cyrus E. Potter, a single person according to the…