880 S.W.2d 902 | Mo. Ct. App. | 1993
Plaintiff Beelman River Terminals, Inc., (Beelman) filed a seven count first amended petition against Mercantile Bank, N.A., (Mercantile) on December 3, 1990. Beelman appeals the trial court’s judgment notwithstanding the verdict on count V for tortious interference with contract and business expectancy and the trial court’s dismissal of count VI for ejectment. We dismiss.
On May 31, 1988, Beelman, as lessee, entered into a twenty-two year lease with the Port Authority, as lessor, of the City Municipal Terminal (Terminal). Terminal is a parcel of developed riverfront property used to load and unload commodities from various modes of transportation, including barges, trucks, and trains.
As a result of a deed in lieu of foreclosure, Mercantile acquired a similar property immediately adjacent and to the south of Beel-man’s property. A dispute arose between Beelman and Mercantile concerning the southernmost portion of Beelman’s property. Beelman challenged the placement of Mercantile’s loading dock which encroached on 165 feet of Beelman’s mooring rights.
When efforts to resolve the encroachment problem between Beelman and Mercantile failed, this suit arose. Beelman filed a seven count petition against Mercantile alleging
While neither party raised the issue in their briefs or arguments, we must first consider our appellate jurisdiction. Gould, M.D. v. Missouri State Bd. of Registration for the Healing Arts, 826 S.W.2d 101, 102 (Mo.App.1992). As an appellate court, we only have jurisdiction over final judgments. Id. A judgment is final if it disposes of all parties and all issues in a case and leaves nothing for future determination. Id. When more than one claim for relief is presented in a case, a court may enter a judgment as to fewer than all the claims only upon an express determination that there is “no just reason for delay.” Rule 74.01(b). Absent such a determination and designation, the judgment is not final and an appellate court is without jurisdiction. Gould, 826 S.W.2d at 102.
In this case, counts I, II, III, and IV were passed for settlement. The record does not indicate a final disposition of these counts. In regard to an appeal on counts V and VI, the trial court has not made a finding that there is no just reason for delay. Without such a finding, the judgment of the trial court cannot be considered final and we are without jurisdiction.
Appeal dismissed.