Real Property-Commercial Lease-Appellate Jurisdiction

Staff Report//April 30, 2025//

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Defendant appealed the trial court’s grant of summary judgment to plaintiff, arguing that defendant’s summary judgment motion should have been granted and plaintiff’s denied, or alternatively, that there were disputed issues of material fact precluding summary judgment. Defendant executed a commercial lease, later subleasing the property to a third party that in turn assigned its interests to plaintiff. After plaintiff ceased making rent payments, the parties entered a dispute regarding their respective continuing obligations and responsibilities.

Where the trial court’s judgement did not dispose of all discrete claims in the case, the grant of summary judgment was not a final judgment and thus the court lacked appellate jurisdiction.

Appeal is dismissed.

RFJ Auto Properties, LLC v. Knipp Real Estate, LLC (MLW No. 83091/Case No. WD87304 – 17 pages) (Missouri Court of Appeals, Western District, Thomson, J.) Appealed from circuit court, Cole County, Walker, J. (Jonathan C. Browning for appellant) (Paul L. Brusati for respondent)