Homeowners refused and claimed that the contract between them and adjuster was rescinded. Counterclaim I was for breach of the contract, and counterclaim II was in quantum meruit. The trial court entered judgment on November 18, 1998. Homeowners filed motions for new trial and for judgment notwithstanding the verdict, which were denied. The record on appeal does not include the trial transcript.
Homeowners raise two points on appeal.
Adjuster filed a motion to dismiss homeowners' appeal and for Rule 84.19 damages. Adjuster, in his motion to dismiss appeal, claims this court does not have jurisdiction. The motion to dismiss appeal was taken with the case. A trial court order denying a party's motion for summary judgment is not reviewable, even when the appeal is taken from the final judgment in the case. In the case at bar, homeowners appeal the denial of their partial motion for summary judgment and motion to dismiss.