Court of Appeals of Missouri, Eastern District, Third Division
Appeal from the Circuit Court of St. Louis County. 08SL-CC00248-01. Honorable Steven H. Goldman.
Robert J. Wulff, Benjamin M. Fletcher, St. Louis, MO, for appellant.
Max G. Margulis, Chesterfield, MO, for respondent.
Gary M. Gaerner, Jr., Judge. Kurt S. Odenwald, P.J., concurs. Robert G. Dowd, Jr., J., concurs.
Gary M. Gaerner, J.
American Family Mutual Insurance Company (American Family) appeals the trial court's denial of its motion to quash a garnishment filed by John Olsen on behalf of the class he represents (Garnishors). Because such a denial is not a final, appealable order, we lack authority to decide this appeal and must dismiss.
This is the second appeal of a garnishment action between these parties. This case originated with a settlement between Garnishors and Global Biz Dimensions, LLC (Global Biz), which is not party to this appeal. On May 26, 2009, the trial court entered an order finding the settlement reasonable and entering judgment in favor of Garnishors and against Global Biz in the amount of $4,917,500.00 (Underlying Judgment). The Underlying Judgment required, as per terms of the settlement, that it would be satisfied only from the insurance proceeds from Global Biz's insurer, American Family.
Subsequently, on July 15, 2009, Garnishors filed a garnishment application (First Garnishment) to collect $4,917,500.00 from American Family in satisfaction of the Underlying Judgment. The First Garnishment attached interrogatories pursuant to Rule 90. American Family timely responded to the interrogatories, but Garnishors failed to timely file exceptions as required by Rule 90. Garnishors dismissed the First Garnishment without prejudice on December 8, 2010.
That same day, Garnishors filed a second garnishment application (Second Garnishment), requesting the same amount from American Family, also attaching interrogatories. On August 24, 2011, the trial court entered judgment in favor of Garnishors in the amount of $4,917,500.00 plus post-judgment interest.
American Family appealed the judgment, and this Court reversed. Olsen v. Siddiqi,371 S.W.3d 93 (Mo. App. E.D. 2012) (Olsen I) This Court determined that under the applicable insurance policy, there was no coverage for the damages Garnishors sustained, and thus American Family was not required to satisfy the Underlying Judgment. Id. at 98. This Court remanded to the trial court with instructions to enter summary judgment in favor of American Family. Id. The trial court did so on August 22, 2012. The trial court also ordered Garnishors to pay $5,000 to ...