Stuckey v. Stuckey 628 S.W.2d 406

PER CURIAM.

Defendant filed a motion for directed verdict at the close of plaintiff’s case in this personal injury action. The court sustained the motion and made a docket entry to that effect. The record reflects the entry of no judgment for defendant consistent with the *407bare docket entry ruling the motion. Such recital does not constitute a final judgment nor an otherwise appealable order. § 512.-020, RSMo 1978; Herndon v. Ford, 470 S.W.2d 168 (Mo.App.1971). The prematurity of this appeal goes to appellate jurisdiction which this court has a duty to ascertain sua sponte. City of Sikeston v. Missouri Utilities Co., 526 S.W.2d 401 (Mo.App.1975).

The appeal is dismissed.

FLANIGAN, Judge,

dissenting.

For the reasons set forth in my dissenting opinion in Gothard v. Spradling, 561 S.W.2d 448, 450 (Mo.App.1978) I respectfully dissent.