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Talbot v. Union Electric Co.3/8/2005
l unit for appeal is "'the final judgment on a claim, and not a ruling on some of several issues arising out of the same transaction or occurrence which does not dispose of the claim.'" Gibson, 952 S.W.2d at 244, quoting State ex rel. State Hwy. Comm'n v. Smith , 303 S.W.2d 120, 123 (Mo. 1957).
Here, the partial summary judgment in question applied only to paragraph 20(c) of the Appellants' petition, which alleged negligence for failing to insulate, isolate, cover or de-energize the electrical lines after receiving actual notice that construction would occur in close proximity thereto. In Count I against Ameren UE, there remain four additional allegations of negligence that remain to be ruled upon. Accordingly, the partial summary judgment in question rules only on one issue arising out of the same transaction and occurrence, but fails to dispose of a separate or distinct claim.
We issued an order directing Appellants to show cause why this appeal should not be dismissed. Appellants have not filed a response. Without a final judgment, this Court is without jurisdiction to consider this appeal. Accordingly, the appeal is dismissed.
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