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SKALECKI v. SMALL

No. 21198

951 S.W.2d 342 (1997)

K.M. SKALECKI and Thomas Dempsey, Respondents, v. Mark H. SMALL, Jr., Kathleen E. O'Sullivan, Thomas P. O'Sullivan, Sylvia M. Wiedeman and John A. Wiedeman, Appellants, v. Ronald CARPENTER, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

September 5, 1997.

Attorney(s) appearing for the Case

James P. Tierney, Lathrop & Gage, L.C., Kansas City, for appellants.

Lisa A. Ghan, Brad G. Bishop, Lowther, Johnson, Joyner, Lowther, Cully & Housley, L.L.C., Springfield, for respondents Skalecki and Dempsey.

Kerry D. Douglas, Douglas, Lynch, Haun & Kirksey, P.C., Bolivar, for respondent Carpenter.

CROW, Judge.

This case returns to this court after a five-year intermission. This court's earlier opinion, Skalecki v. Small, 832 S.W.2d 954 (Mo. App. S.D.1992), henceforth referred to as Skalecki-I, should be read as a preface to the present opinion.

As explained infra, the present appeal must be dismissed because there is no judgment within the meaning of Rule74.01(a).1

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