 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Woods v. Cory12/2/2004
or trial of any or all the matters in issue in the civil actions; it may order all the civil actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay."
It has been noted that when a trial court employs the term "consolidation," its effect on the separate identity of the actions is not immediately clear. Moss v. Home Depot USA, Inc., 988 S.W.2d 627, 630 (Mo.App. E.D. 1999). The Moss court also noted that several actions consolidated for trial together remain separate in all aspects except trial, but that the term "consolidation" may also mean the uniting of two or more previously distinct actions into one. Id.
In City of Kansas City v. Woodson, 130 S.W.3d 7, 11 (Mo.App. W.D. 2004), the trial court ordered two cases "consolidated" as involving the "same subject matter." The court held that, there being nothing in the record to indicate otherwise, the two actions were consolidated into one action, and that for a judgment to be final in the case, it had to either dispose of both of the claims or, if it disposed of only one, it had to be certified for early appeal as provided in Rule 74.01(b). Id.
In the instant case, the record before us indicates that the cases were consolidated into one action. The order of consolidation occurred two and one-half months after the cases were filed; the order did not indicate that it was for limited purposes; it appears as if the cases were treated as consolidated during the succeeding two and one-half years prior to the judgment forming the basis of this appeal; and only one notice of appeal was filed that related to both cases. Consequently, even if the judgment as it related to the personal injury claim would otherwise be considered final, because it was consolidated with the wrongful death claim, it was necessary that the trial court make an express determination as to it that there was no just reason for delay. Rule 74.01(b); Woodson, 130 S.W.3d at 11. In the absence of that finding here, the judgment appealed from is also not a final and appealable judgment as to the personal injury claim. Id.
When an appeal is taken from a judgment that is not a final judgment, this court lacks jurisdiction and the appeal must be dismissed. Hylton v. Standley, 112 S.W.3d 482, 484 (Mo.App. S.D. 2003). Therefore, the appeal is dismissed.
Page 1 2 Missouri Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|