Missouri Court of Appeals, 1991

Stoll v. Missouri Highway & Transportation Commission

Stoll v. Missouri Highway & Transportation Commission
Missouri Court of Appeals · Decided June 11, 1991
811 S.W.2d 793; 1991 Mo. App. LEXIS 832; 1991 WL 97980 (South Western Reporter, Second Series)

Stoll v. Missouri Highway & Transportation Commission

Opinion of the Court

ORDER

PER CURIAM.

Plaintiffs appeal from the trial court’s order entering summary judgment in favor of defendant in plaintiff’s wrongful death action.

In 1987 this court ordered the trial court to enter summary judgment in favor of *794defendant and issued a mandate. State ex rel. Missouri Highway and Transportation Commission v. Ryan, 741 S.W.2d 828 (Mo.App. 1987). Relying upon Wilkes v. Missouri Highway and Transportation Commission, 762 S.W.2d 27 (Mo. banc. 1988), plaintiffs petitioned the trial court for “relief from judgment or to vacate final order in prohibition.” The trial court denied the motion, stating that it was “without power to modify, alter, amend, or otherwise depart from the appellate judgment,” citing Davis v. J. C. Nichols Company, 761 S.W.2d 735, 737 (Mo.App. 1988). We agree.

No error of law appears, and an extended opinion would have ho precedential value. Judgment is affirmed in accordance with Rule 84.16(b).

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