SCHARLOTT v. GIBSON

No. 55143.

463 S.W.2d 849 (1971)

David SCHARLOTT, by Next Friend, Joe L. Benton, Appellant, Sandra Scharlott, Plaintiff, v. Leon GIBSON, Respondent.

Supreme Court of Missouri, Division No. 1.

March 8, 1971.


Attorney(s) appearing for the Case

Sherwood R. Volkman, St. Louis, for plaintiffs-appellants.

Willson, Cunningham & McClellan and Jerome M. McLaughlin, St. Louis, for defendant-respondent.


PER CURIAM:

This is an appeal from a judgment dismissing Count III of a three-count petition for damages for failure to state a claim upon which relief can be granted. Since Counts I and II had not been disposed of at the time the notice of appeal was filed the appeal was premature because the judgment appealed from did not dispose of all parties and all issues, and there was no order of a separate trial of Count III and the judgment was not specifically designated...

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