Estate of McCormack v. McCormack
Missouri Court of Appeals
1Opinion of the Court
KAROHL, Presiding Judge.
In this appeal we are asked to decide whether the court correctly dismissed plaintiff estate’s “First Amended Petition To Discover Assets.” We find that the judgment is not a final judgment. We sustain respondents’ motion to dismiss the appeal as premature.
The right to appeal is purely statutory. Plaza Point Investments, Inc. v. Dunnaway, 637 S.W.2d 303, 305-06 (Mo.App.1982). Section 512.020 RSMo 1978 permits an appeal only from a final judgment disposing of all parties and all issues. Hill v. Boles, 583 S.W.2d 141, 147 (Mo. banc 1979). As we view this case the ruling…
2Cases cited8 opinions
- Hill Ex Rel. Hill v. BolesSupreme Court of Missouri · 1979
- Gaines v. Monsanto Co.Missouri Court of Appeals · 1983
- Jensen v. Estate of McCallSupreme Court of Missouri · 1968
- In Re Estate of GoldenbergMissouri Court of Appeals · 1980
- Plaza Point Investments, Inc. v. DunnawayMissouri Court of Appeals · 1982
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Estate of Holtmeyer v. PiontekMissouri Court of Appeals · 1996
- Weems v. MontgomeryMissouri Court of Appeals · 2004
- In Re Estate of PittmanMissouri Court of Appeals · 2000
- Cole v. Estate of ArmstrongMissouri Court of Appeals · 1986
- Helton v. BaileyMissouri Court of Appeals · 2000
6 more not listed; retrieve them via the Exa API.