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YOUNG BY AND THROUGH YOUNG v. DAVIS

No. 14322.

726 S.W.2d 836 (1987)

Dawn YOUNG, A Minor, By and Through Her Next Friend, Terry YOUNG, and Terry Young and Mary Beth Young, His Wife, Plaintiffs-Respondents, v. Lee DAVIS, Defendant-Appellant, and Bobby Brewer, Defendant-Third Party Plaintiff-Appellant, and William Frank Watson, III, Third Party Defendant.

Missouri Court of Appeals, Southern District, Division Two.

March 11, 1987.

Attorney(s) appearing for the Case

Ronald D. White, Rolla, Joseph W. Rigler, Joplin, and J. Max Price, Price & Beger, Salem, for defendants-appellants.

Don M. Henry and David H. Dunlap, West Plains, for plaintiffs-respondents.

MAUS, Judge.

This appeal presents a unique situation. The appellants' principal point is that "[t]he Court of Appeals does not have jurisdiction to hear this matter on appeal since there is no final judgment of the trial court which disposes of all of the parties and all of the issues." Nonetheless, they urge this court not to merely dismiss the appeal. They urge the court to reverse the judgment of the trial court and remand the case for a new trial. The respondents...

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