Wilson v. Mercantile Bank of Springfield

SHRUM, Chief Judge.

Plaintiff Herman Wilson appeals from a judgment dismissing his second amended petition against Mercantile Bank of Springfield and The Aetna Casualty & Surety Company.

We must decide two questions: (1) Should the appeal be dismissed as to Aetna because Aetna was not named in the notice of appeal? (2) What is the status of the trial court’s 1989 dismissal of Wilson’s first amended petition? Earlier, this court held the 1989 dismissal, which was involuntary, was not an appealable order because of noncompliance with Rule 74.01(b).1

We have concluded that Aetna is a party to this…