Frey v. Gabel

TITUS, Presiding Judge.

Defendant appeals from the March 23, 1978, judgment of the Circuit Court of Phelps County declaring that “plaintiff, Clyde Frey, have and recover of said defendant, . . ., the sum of One Thousand Four Hundred Fifty Dollars” et cet-era. On November 3,1978, plaintiffs Clyde Frey and Dovie Frey filed in this court their “Application for Damages for Frivolous Appeal.”

A comparison of the caption appearing on the notice of appeal and the application with the purported judgment recited in the notice, gave us concern as to whether there was a final appealable judgment in the…