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Appellate Practice : Judgments – Finality – Mayor’s Ouster

Stephanie Maniscalco//July 9, 2014

Appellate Practice : Judgments – Finality – Mayor’s Ouster

Stephanie Maniscalco//July 9, 2014

Where appellant challenged a trial court order ousting him from his office as mayor, the appeal must be dismissed for lack of finality because the court’s judgment lacked any findings or conclusions on count one and left unresolved the issue of whether the appellant could be removed from office for violating an anti-nepotism clause of the state’s constitution.

Appeal dismissed.

State ex inf. Robert McCulloch v. Small (MLW No. 66586/Case No. ED100743 – 2 pages) (Missouri Court of Appeals, Eastern District, Ahrens, J.) Appealed from circuit court, St. Louis County, Goldman, J. (James Clifton Robinson for appellant) (Charles E. Kirksey for respondent).

Read the full text of this opinion. (PDF)

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