Appellate Practice: Jurisdiction – Finality Of Judgments -Certification For Appeal

Where parties sought resolution of whether an earlier judgment was void in order to proceed with litigation of claims in an underlying matter, a line of damages, even one premised on an independent judgment not on appeal, does not present a substantive claim for relief, so the certification for appeal was improper and the appeal must be dismissed.

Appeal is dismissed.

Ice Castles, Inc. v. Gross Insurance Agency, Inc. (MLW No. 64646/Case No. WD74776 – 9 pages) (Missouri Court of Appeals, Western District, Witt, J.) Appealed from circuit court, Henry County, Quitno, J. (Roger G. Brown, Jefferson City, and Harold L. Caskey, Butler, for appellant) (Robert H. Houske and Scott D. Hofer, Kansas City, Missouri, for appellant).

Read the full text of this opinion. (PDF)