Legal Opinion

Davidson v. Kubalek

Missouri Court of Appeals

Decided March 9, 1984No. 13209PublishedCited by 3 opinions

1Opinion of the Court

FLANIGAN, Presiding Judge.

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.”

Plaintiff Melissa Davidson brought this replevin action against defendants Kubalek in the Circuit Court of Camden County and the case was tried, without a jury, before an associate circuit judge of that county, Honorable Mary Dickerson, who was entitled to “hear and…

2Cases cited3 opinions

  1. State Ex Rel. M. J. Gorzik Corp. v. MosmanSupreme Court of Missouri · 1958
  2. State Ex Rel. Blackwell v. ElrodMissouri Court of Appeals · 1980
  3. Essner v. ReynoldsMissouri Court of Appeals · 1981

3Cited by3 opinions

  1. Larimer v. RobertsonMissouri Court of Appeals · 1990
  2. Stellwagen v. GatesMissouri Court of Appeals · 1988
  3. Dees v. Hocker Oil Co.Missouri Court of Appeals · 1985

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