Section 10.15 Jurisdictional Concerns

• Library: Settling Cases 2014

In Precision Investments, L.L.C. v. Cornerstone Propane, L.P., 220 S.W.3d 301 (Mo. banc 2007), the Supreme Court of Missouri considered “whether an appeal can be dismissed by an appellate court as moot because the parties have entered a settlement if the parties dispute that a settlement has occurred.” Id. at 302. The opinion instructs parties and the courts how to proceed when such a dispute arises on appeal in the following terms:

Determination of whether a settlement has occurred when the parties dispute a settlement requires proof of factual issues. When the underlying case is on appeal, the trial court remains the...