Robbins ex rel. Cookemboo v. Myers

At the threshold of this appeal we are faced with the question of our jurisdiction. If the “amount in dispute” exceeds $15,000, appellate jurisdiction is in the Supreme Court. Mo.Const., Art. 5, § 3, V.A.M.S.; § 477.040, V.A.M.S.

By Count I of the petition, minor plaintiff Grayling Robbins, by his next friend, sued defendant for $15,000 for personal injuries. By Count II, his mother, plaintiff Patricia Cookemboo, sued defendant for $750 medical expenses arising from the boy’s injuries. At the close of plaintiffs’ evidence, the trial court granted defendant’s motion for a directed verdict. Judgment was entered for the defendant, and the plaintiffs appeal.

When a plaintiff appeals from a judgment denying recovery, the amount claimed in the petition is the “amount in dispute” for determining appellate jurisdiction. Nydegger v. Mason, Mo., 315 S.W.2d 816[1]; Myers v. City of Palmyra, Mo., 355 S.W.2d 17[1], 92 A.L.R.2d 791. Here, the minor plaintiff sued for $15,000 and the adult plaintiff sued for $750. When *106co-plaintiffs appeal from a judgment denying recovery and the aggregate amount sought exceeds $15,000, as it does here, the Supreme Court has appellate jurisdiction. City of St. Louis v. Essex Inv. Co., 356 Mo. 1028, 204 S.W.2d 726[3]; O’Dell v. Division of Employment Security, Mo., 376 S.W.2d 137[1].

So, the appeal must be transferred to the Supreme Court. § 477.080, V.A.M.S.

PER CURIAM.

The foregoing opinion of CLEMENS, C., is adopted as the opinion of this court. Accordingly, the cause is ordered transferred to the Supreme Court.