Otto v. Kansas City Star Co.

HOUSER, Commissioner.

The circuit court dismissed plaintiff’s petition for libel against The Kansas City Star Company on the ground that it failed to state a claim upon which relief may be granted. Plaintiff has appealed.

Plaintiff’s notice of appeal was filed two days before the expiration of the ninety day period provided for in Sup.Ct. Rule 82.05, V.A.M.R. Defendant has filed a motion to dismiss the appeal on the ground that it is premature, citing Tucker v. Miller, 363 Mo. 820, 253 S.W.2d 821. After that case was decided Sup.Ct. Rule 82.05 was amended by adding paragraph (b), which provides…