LEWIS v. ESTATE OF HINSHAW

No. KCD 30563.

592 S.W.2d 536 (1979)

Darwin L. LEWIS and Sharon E. Lewis, Appellants, v. In re the Estate of James S. HINSHAW, Deceased, Barton L. Warren, Executor, Respondents.

Missouri Court of Appeals, Western District.

December 31, 1979.


Attorney(s) appearing for the Case

Harry H. Kay, Eldon, for appellants.

David Gregory Warren, Richland, David A. Yarger, Versailles, for respondents.

Before DIXON, P. J., TURNAGE and KENNEDY, JJ.


KENNEDY, Judge.

This is an appeal from the judgment of the circuit court against the claimants Lewis and in favor of the estate of the decedent Hinshaw, upon the appellant's claim against decedent's estate, for damage for conversion. We have determined that the judgment was not a final judgment because a counterclaim was not disposed of, and therefore not appealable. We must dismiss the appeal and remand the cause.

The claimants filed their claim in probate...

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