Contracts: Shipper-Carrier Contract – Pending Counterclaim – Finality Of Judgment

Where a dispute arose over amounts due pursuant to the mileage requirement of an expired shipper-carrier contract, a counterclaim, which remained pending, arose from the same transaction and the facts were intertwined, so the trial court abused its discretion in certifying the judgment for appeal.

Appeal dismissed.

Boomerang Transportation, Inc. v. Miracle Recreation Equipment Co. (MLW No. 63333/Case No. SD31393 – 6 pages) (Missouri Court of Appeals, Southern District, Lynch, J.) Appealed from circuit court, Lawrence County, Wiley, J. (Gary J. Barrett, Little Rock, Arkansas, for appellant) (Gerald P. Greiman and Thomas W.  Hayde, St. Louis, for respondent).

Read the full text of this opinion. (PDF)