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570 S.W.2d 340

Dampier v. Nichols

Missouri Court of Appeals

Decided August 2, 1978

Missouri Court of Appeals · decided 1978-08-02

Relies on Gothard v. Spradling

Decided 1978-08-02

PER CURIAM:

¶1Plaintiff sued for damages allegedly resulting from assault and battery. Defend*341ant counterclaimed for damages because, so it was averred, plaintiff caused defendant’s wrongful arrest. On October 11, 1977, a Polk County jury found for defendant on plaintiff’s petition and for plaintiff on defendant’s counterclaim. After her after-trial motions were denied, plaintiff filed a notice of appeal.

¶2The transcript on appeal demonstrates that no judgment has been entered in the case. A final judgment forms the sole basis for appellate review. Rule 74.01, V.A.M.R.; § 512.020, V.A.M.S. In the absence of such a judgment we have no appellate jurisdiction and hence no alternative but to dismiss the appeal.

¶3Appeal dismissed.

All concur, except FLANIGAN, J., dissents in separate opinion.
FLANIGAN, Judge.

¶4For the reasons expressed in my dissenting opinion in Gothard v. Spradling, 561 S.W.2d 448, 450 (Mo.App.1978) I respectfully dissent.

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