Judgment Not Final Without Ruling on Attorney Fees

Absent other exceptions, the only circuit court ruling that is subject to appeal is a final judgment, meaning a writing denominated as a judgment that addresses all claims as to all parties. Judgment addressed all claims as to all parties except each party’s claim for attorney fees. “An unresolved claim for attorney’s fees can arrest the finality of a judgment, and defeat appellate jurisdiction.” Appeal, cross-appeal, and claims for attorney fees on appeal dismissed.  

David & Amy Schmidt vs. Dart Bein, LC 
Missouri Court of Appeals, Western District – WD84253, WD84490, and WD84491

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