Legal Opinion

Morris v. Alternatives, Inc.

Missouri Court of Appeals

Decided February 14, 1995No. 66309PublishedCited by 5 opinions

1Per curiam

Plaintiff, Donald Wayne Morris, a prisoner serving a 79 year sentence in the Missouri Department of Corrections, appeals the dismissal without prejudice of his civil action against defendants, Alternatives, Inc. and Kevin Otis for failure to prosecute when plaintiff faded to appear for trial. We dismiss for the reason that the order dismissing the case without prejudice is not a final, appealable judgment.

“A dismissal without prejudice permits the party to bring another civil action for the same cause, unless the civil action is otherwise barred.” Rule 67.01. Accordingly, a dismissal without…

2Cases cited2 opinions

  1. Nicholson v. NicholsonMissouri Court of Appeals · 1985
  2. Davis v. PoetzMissouri Court of Appeals · 1986

3Cited by5 opinions

  1. Martin v. MorganMissouri Court of Appeals · 2003
  2. Chavez v. WaltersMissouri Court of Appeals · 2002
  3. Snelling v. BleckmanMissouri Court of Appeals · 1996
  4. Southwestern Bell Yellow Pages, Inc. v. WalshMissouri Court of Appeals · 1997
  5. Jones v. City of FlorissantMissouri Court of Appeals · 2005

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