Missouri Court of Appeals, 1975

E. H. Fischer, Inc. v. National Industrial Chemical Co.

E. H. Fischer, Inc. v. National Industrial Chemical Co.
Missouri Court of Appeals · Decided August 5, 1975 · Houser, Smith, Stockard
526 S.W.2d 403; 1975 Mo. App. LEXIS 1788 (South Western Reporter, Second Series)

E. H. Fischer, Inc. v. National Industrial Chemical Co.

Opinion of the Court

SMITH, Chief Judge.

Plaintiff appeals from an order of the circuit court quashing service of process upon defendant. Service was made under the provisions of § 506.500, RSMo 1969.

We conclude that we have no jurisdiction as the order appealed from is not an appealable order. Color Process Co. v. Northwest Screenprint Co., 417 S.W.2d 934 (Mo. 1967); Continental Foods Corp. v. National-Northwood, Inc., 470 S.W.2d 315 (Mo.App. 1971). The proper procedure for challenging an order sustaining a motion to quash service is a writ of mandamus. State ex rel. American Institute of Marketing Systems v. Cloyd, 433 S.W.2d 559 (Mo.banc 1968).

Appeal dismissed.

ALDEN A. STOCKARD and NORWIN D. HOUSER, Special Judges, concur.

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