ALLEN v. G & J ENTERPRISES

No. 18402.

856 S.W.2d 347 (1993)

Calvin ALLEN, Plaintiff-Appellant, v. G & J ENTERPRISES, Mark Dixon, Darrell Barge and James Marshall, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Two.

Rehearing Denied July 6, 1993.


Attorney(s) appearing for the Case

Calvin Allen, pro se.

Mark Fitzsimmons, John Banning, Fitzsimmons, Schroeder & Nelson, Springfield, for defendants-respondents.


PREWITT, Judge.

Plaintiff's amended petition was dismissed and he appeals. No order was made regarding a counterclaim filed by defendant Barge.

Respondents filed a motion to dismiss the appeal, contending that there was no judgment entered from which an appeal could be taken because the counterclaim remains pending and the court did not make "an express determination that there is no just reason for delay." Rule 74.01(b). In his response to that motion plaintiff...

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