Plaintiffs, Jerry Haugland and Susan Haugland, appeal from the trial court’s grant of summary judgment in favor of defendants, Glenda Parsons and Glenda Parsons, as personal representative of the Estate of Delmar Parsons, deceased. We dismiss the appeal.
The record on appeal establishes that plaintiffs brought an action against defendants in which they alleged, in a three-count petition, that they had suffered damages as a result of defendants’ breach of a contract to sell a parcel of land. Defendants counterclaimed, seeking damages for plaintiffs’ trespass upon the land in question. Defendants then sought summary judgment on the basis that an oral contract for the sale of land did not satisfy the Statute of Frauds. The trial court granted summary judgment in favor of defendants. The record on appeal, however, does not indicate that the trial court ever considered or disposed of defendants’ counterclaim in trespass.
Plaintiffs raise two points of error on appeal. Although neither party raises the issue of appellate jurisdiction, it is our duty to do so sua sponte. Wilson v. Mercantile Bank of Springfield,
In the instant action, defendants’ counterclaim in trespass remains pending. The trial court made no finding, express or otherwise, that there was no just reason to delay plaintiffs’ appeal from the grant of summary judgment in defendants’ favor. Thus, the trial court’s order is not a final judgment and we are without jurisdiction to hear the appeal.
The appeal is dismissed.
