Legal Opinion

Central Missouri Paving Co. v. Kraft

Missouri Court of Appeals

Decided July 31, 1984No. WD 34587PublishedCited by 2 opinions

1Opinion of the Court

KENNEDY, Judge.

This is an attempted appeal from an order of an associate circuit judge quashing a garnishment in aid of execution, after a trial to the court. The respondent has filed *421a motion to dismiss the appeal, on the ground that the appeal is not properly to this court but is by way of trial de novo before a circuit judge, § 512.180.1, RSMo 1978.

The motion is sustained. The same question was before the Eastern District of this court and it was held that the Court of Appeals had no jurisdiction to entertain the appeal. Nicolai v. Faille-Talayna Pizza, Inc., 657 S.W.2d 279 (Mo.App.1983).

Th…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Flynn v. First National Safe Deposit CompanySupreme Court of Missouri · 1955
  2. Highway Const. Co. v. McClellandCourt of Appeals for the Eighth Circuit · 1926
  3. Nicolai v. Faille-Talayna Pizza, Inc.Missouri Court of Appeals · 1983
  4. McCormack v. DunnMissouri Court of Appeals · 1937
  5. In Re Sevilleta De La Joya Grant, Socorro CountyNew Mexico Supreme Court · 1937

3Cited by2 opinions

  1. Hatfield v. CristopherMissouri Court of Appeals · 1992
  2. Federated Mortgage & Investment Co. v. JonesMissouri Court of Appeals · 1993

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