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Allstate Insurance Co. v. Northwestern National Insurance Co.

ALLSTATE INSURANCE COMPANY, (in Case No. 10297) v. NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN, a corporation, Defendant-Respondent, and Farmers Insurance Company, Inc., a corporation, (in Case No. 10316), and Sheryl Lynn Wilson, (in Case No. 10321), and Gregory Palmer Hayes, Defendant-Respondent

Allstate Ins. Co. v. Northwestern Nat'l Ins. Co., 539 S.W.2d 118 (Mo. Ct. App. 1976)
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Court
Missouri Court of Appeals · State Appellate Courts
Decided
July 12, 1976
Docket
Nos. 10297, 10316 and 10321
Citations
539 S.W.2d 1181976 Mo. App. LEXIS 2129
Cited by 4

Opinion of the Court

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PER CURIAM.

On the 14th day of October, 1975, appellant Allstate Insurance Co. filed its first amended petition for declaratory judgment and named therein all of the above defendants. Defendant Farmers Insurance Co., Inc. answered the petition and appeared at trial. In due course, the cause was heard and a purported judgment was entered which touched all the parties save Farmers Insurance Co., Inc.

In Missouri, the right of appeal is a statutory creation and extends to parties aggrieved by a final judgment. § 512.020 V.A.M.S. It is the duty of an appellate court to examine the judgment for finality before proceeding to an adjudication of the merits. In the case at bar, the judgment fails to dispose of all the parties. Wile v. Donovan, 514 S.W.2d 177, 178 [2-8] (Mo.App.1974).

Accordingly, the appeal is dismissed.

All concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 4 cases

View all citing references →
1978: 21979: 219782026peak 1978 · 2

Relies on it most ⓘ

  1. Allstate Insurance Co. v. Northwestern National Insurance Co.581 S.W.2d 596 (Mo. Ct. App. 1979)
  2. Jones v. Washburn560 S.W.2d 604 (Mo. Ct. App. 1978)
  3. Scheibel v. Hillis570 S.W.2d 724 (Mo. Ct. App. 1978)
  4. National Automobile & Casualty Insurance Co. v. National Indemnity Corp.589 S.W.2d 649 (Mo. Ct. App. 1979)

Most recent

  1. National Automobile & Casualty Insurance Co. v. National Indemnity Corp.589 S.W.2d 649 (Mo. Ct. App. 1979)
  2. Allstate Insurance Co. v. Northwestern National Insurance Co.581 S.W.2d 596 (Mo. Ct. App. 1979)
  3. Scheibel v. Hillis570 S.W.2d 724 (Mo. Ct. App. 1978)
  4. Jones v. Washburn560 S.W.2d 604 (Mo. Ct. App. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Wile v. Donovan, 514 S.W.2d 177 (Mo. Ct. App. 1974) 13

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