Missouri

Warning: The following opinion is provided for purposes of discussion only. We have not Shepardized™ this opinion, and do not know the subsequent disposition of this case nor whether the effect of the opinion has been overruled or superceded by other law.

H.J. Gruy & Associates, Inc. v. Big E Oil Company,
No. ED83977 (Mo.App. E.D. 04/27/2004)

THE COURT COURT OF APPEALS OF THE STATE OF MISSOURI
EASTERN DISTRICT

Case Number: ED83977

2004.MO.0000584

April 27, 2004

H.J. GRUY & ASSOCIATES, INC., APPELLANT,
v.
BIG E OIL COMPANY, ET AL., RESPONDENTS.

SYLLABUS BY THE COURT

H.J. Gruy & Associates, Inc., appeals from an order dismissing its petition under the Illinois uniform fraudulent transfer act with prejudice.

DISMISSED.

Division Five holds: Because the order is not denominated a judgment as required by Supreme Court Rule 74.01(a), we dismiss the appeal for lack of jurisdiction.

Appeal From: Circuit Court of St. Charles County, Hon. Nancy L. Schneider

Counsel for Appellant: Randall D. Grady

Counsel for Respondent: Anthony D. Linson and Party Acting Pro Se

The opinion of the court was delivered by: Sherri B. Sullivan, Chief Judge

Opinion Vote: DISMISSED.

Mooney and Draper III, JJ., concur.

Opinion:

H.J. Gruy & Associates, Inc. (Appellant) filed suit against multiple defendants under the Illinois Uniform Fraudulent Transfer Act. Big E Oil Company (Respondent) filed a motion to dismiss asserting that the statute of limitations had expired on Appellant's claim. The trial court granted Respondent's motion to dismiss and dismissed Appellant's petition with prejudice. Appellant appealed. Because the order dismissing Appellant's petition is not denominated a judgment as required by Rule 74.01(a),*fn1 we dismiss the appeal for lack of jurisdiction.

Under Section 512.020,*fn2 an appeal is only allowed from a final judgment of the trial court. In a civil case, a judgment must be expressly denominated "judgment" to be appealable. Rule 74.01(a); Peet v. Randolph , 103 S.W.3d 872, 875 (Mo. App. E.D. 2003). In designating the writing a "judgment," it must be clear from the writing that the trial court is calling the document or docket sheet entry a judgment. City of St. Louis v. Hughes, 950 S.W.2d 850, 853 (Mo. banc 1997).

This Court must determine its jurisdiction sua sponte. Bryant v. City of University City , 105 S.W.3d 855, 856 (Mo. App. E.D. 2003). If this Court lacks jurisdiction to entertain an appeal, it should be dismissed. Id. Here, the order dismissing Appellant's petition is not denominated a judgment. As a result, there is no final, appealable judgment. SLJ v. RJ , 101 S.W.3d 339, 340 (Mo. App. E.D. 2003).

We issued an order directing Appellant to show cause why the appeal should not be dismissed. Appellant has failed to file a response.

In City of St. Louis v. Hughes , the Missouri Supreme Court stated that "[t]he requirement that a trial court must 'denominate' its final ruling as a 'judgment' is not a mere formality. It establishes a 'bright line' test as to when a writing is a judgment." 950 S.W.2d at 853; See also, Brooks v. Brooks , 98 S.W.3d 530, 532 (Mo. banc 2003). The order dismissing Appellant's petition must be denominated a judgment or this Court lacks jurisdiction. Jon E. Fuhrer Co. v. Gerhardt, 955 S.W.2d 212, 213 (Mo. App. E.D. 1997).

We dismiss the appeal for lack of a final, appealable judgment.

Opinion Footnotes

*fn1 . All rule references are to Mo. R. Civ. P. 2003, unless otherwise indicated.

*fn2 . All statutory references are to RSMo 2000, unless otherwise indicated.

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