Fischer v. Johnson
Fischer v. Johnson
Opinion of the Court
Loretta Fischer and Francis Garr (Appellants) appeal from the judgment entered against them on their petition for damages. Because we find Appellants’ appeal to this Court is untimely, we dismiss the appeal.
Appellants filed a petition for damages against multiple defendants (Respondents). On May 5, 2003, summary judgment was entered in favor of Respondents and against Appellant Loretta Fisher. Thereafter, the parties waived their right to a jury trial and agreed to submit the cause to the trial court upon the pleadings and proof. On July 16, 2003, the trial court entered judgment against Appellant Francis Garr and in favor of Respondents. Appellants filed a timely motion for new trial, which the trial court denied on November 4, 2003. Appellants filed a notice of appeal to this Court on November 19, 2003. Respondents have filed a motion to dismiss Appellants’ appeal as untimely. Appellants have not filed a response to the motion.
Under Rule 81.04(a),
We grant Respondents’ motion to dismiss and dismiss Appellants’ appeal.
. All rule references are to Mo. R. Civ. P.2003, unless otherwise indicated.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.