First State Bank of Caruthersville v. Blades

CROW, Presiding Judge.

In this appeal we must decide whether the sole defendant may appeal an order dismissing his counterclaim against the sole plaintiff when the trial court has not adjudicated the plaintiff’s claim against the defendant. We address the issue even though neither party has done so, it being *442our duty, sua sponte, to determine whether the judgment is appealable. Killian Construction Co. v. Tri-City Construction Co., 632 S.W.2d 49, 50[1] (Mo.App.1982); International Harvester Credit Corp. v. Fomento, 621 S.W.2d 90, 91[1] (Mo.App.1981).

First State Bank of Caruthersville (“the…