SHELBY v. SLEPEKIS

No. WD34713.

687 S.W.2d 231 (1985)

Marvin L. SHELBY, Plaintiff/Respondent, v. John Joseph SLEPEKIS, Defendant, and Commerce Bank of Blue Hills, N.A., Defendant/Appellant.

Missouri Court of Appeals, Western District.

Rehearing Denied March 5, 1985.


Attorney(s) appearing for the Case

James Borthwick, Benjamin F. Mann, Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, for defendant/appellant.

Michael L. Gatrost, Bernard, Gatrost, Rice & Dicavalcante, Kansas City, for plaintiff/respondent.

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


CLARK, Judge.

Commerce Bank of Blue Hills, one of three defendants in this case, has appealed from the judgment entered by the court after a bench trial. Appellant contends the judgment is erroneous as a matter of law and should be reversed outright. We agree, but because the judgment did not dispose of all issues and all parties, it is not a final judgment and the appeal must be dismissed.

The evidence presented no material fact issues, the question for decision...

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