Skalecki v. Small

MONTGOMERY, Judge.

For the third time, this ease comes before us. This Court’s first opinion, Skalecki v. Small, 832 S.W.2d 954 (Mo.App.1992) (Skalecki I), and our second opinion, Skalecki v. Small, 951 S.W.2d 342 (Mo.App.1997) (Skalecki II), must be read as a preface to this opinion. Our previous opinions painstakingly detail the background and extensive procedural history of this case. We need not lengthen this opinion by repeating that information.

In Skalecki II, defendants’ appeal was dismissed for lack of a final judgment. To ensure that a final and appealable judgment would subsequently…