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L.R. OTH, INC. v. ALBRITTON

No. 24968.

90 S.W.3d 242 (2002)

L.R. OTH, INC., d/b/a Lakeside Builders, Plaintiff-Respondent, v. James E. ALBRITTON, d/b/a Ed's Carpet Cleaning & Landscaping, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

December 10, 2002.

Attorney(s) appearing for the Case

Michael A. Carter, Phillips, McElyea, Carpenter & Welch, PC, Camdenton, for defendant-appellant.

John R. Geiss, Law Office of Robert J. Hayes, St. Louis, for plaintiff-respondent.

KERRY L. MONTGOMERY, Presiding Judge.

James E. Albritton d/b/a Ed's Carpet Cleaning & Landscaping (Defendant) appeals a judgment of $35,000 based on Count I of Plaintiff's petition. Our sua sponte review reveals that we do not have jurisdiction. Therefore, the appeal must be dismissed.

Plaintiff filed a two-count petition against Defendant. Plaintiff denominated the first count as one for "Indemnity" and the second count as one for "Breach of Contract...

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