Missouri Court of Appeals, 1977

Thielecke v. Munday

Missouri Court of Appeals · Decided August 17, 1977 · No. 10169 · Billings, Flanigan, Titus

555 S.W.2d 376; 1977 Mo. App. LEXIS 2243 (South Western Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Wm. A. Smith Contracting Co. v. Missouri Pacific Railroad (Mo. Ct. App. 1978)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

BILLINGS, Chief Judge.

Plaintiff appeals from the trial court’s action in sustaining the motions to dismiss of defendants Brawley and Tarvid.

Plaintiff filed a two-count petition in the Circuit Court of Reynolds County. Count one sought damages from defendants Mun-day, Brawley and Tarvid for alleged fraud. Count two was against defendant Munday for alleged negligence.

Defendant Munday filed a motion attacking the venue. Defendants Brawley and Tarvid filed a joint motion to dismiss which the trial court sustained. Plaintiff appealed.

The order appealed from does not dispose of all the parties and all the issues and is not a final judgment for purposes of appeal within the meaning of Rule 74.01, V.A. M.R.; Lewis v. Esselman, 512 S.W.2d 423 (Mo.App. 1974).

Appeal dismissed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.