G. Elvena Martin v. Am. Fam. Mut. Ins. Co., 157 F.3d 580 (8th Cir. 1998). · Go Syfert
G. Elvena Martin v. Am. Fam. Mut. Ins. Co., 157 F.3d 580 (8th Cir. 1998). Cases Citing This Book View Copy Cite
13 citation events (12 in the last 25 years) across 3 distinct courts.
Strongest positive: W. Todd Newcomb v. Wyndham Vacation Ownership (ca8, 2021-06-08)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) W. Todd Newcomb v. Wyndham Vacation Ownership (2×) also: Cited "see"
8th Cir. · 2021 · confidence medium
Co., 157 F.3d 580, 581 (8th Cir. 1998) (no jurisdiction to review undesignated order granting partial summary judgment); Klaudt v. U.S. Dep’t of Interior, 990 F.2d 409 , 411 (8th Cir. -4- 1993) (no jurisdiction to review undesignated order granting motion to dismiss).
discussed Cited as authority (rule) FCS Advisors, LLC v. State of Missouri
W.D. Mo. · 2017 · confidence medium
Co., 157 F.3d 580, 582 (8th Cir. 1998) (“[N]o reasonable jury could find the agents’ reliance on the statements was reasonable given the agency contract language, which says the agencies ‘may be terminated by either party with or without cause,’ the contract may not be modified except by written agreement, and the written contract takes precedence over any inconsistent oral statements.”).
discussed Cited as authority (rule) Todd Hallquist v. SunTrust Mortgage, Inc. (2×)
8th Cir. · 2013 · confidence medium
Co., 157 F.3d 580, 581 (8th Cir.1998) (per curiam).
cited Cited as authority (rule) Lewis D. Yarborough Robert L. Williamson v. Devilbiss Air Power, Inc.
8th Cir. · 2003 · confidence medium
Co., 157 F.3d 580, 581-82 (8th Cir.1998) (per curiam); Plymouth Foam Products, Inc. v. City of Becker, Minn., 120 F.3d 153, 157 (8th Cir.1997); Davidson v. Wilson, 973 F.2d 1391, 1401 (8th Cir.1992).
discussed Cited as authority (rule) Lewis D. Yarborough v. Devilbiss Air Power
8th Cir. · 2003 · confidence medium
Co., 157 F.3d 580, 581-82 (8th Cir. 1998) (per curiam); -4- Plymouth Foam Products, Inc. v. City of Becker, Minn., 120 F.3d 153, 157 (8th Cir. 1997); Davidson v. Wilson, 973 F.2d 1391, 1401 (8th Cir. 1992).
discussed Cited as authority (rule) Evertz v. Aspen Medical Group
D. Minnesota · 2001 · confidence medium
Co., 157 F.3d 580, 582 (8th Cir.1998) (finding agents reliance on management official’s oral representation that plaintiffs would have "lifelong careers” unreasonable as a matter of law where agency contract unambiguously defined employment status as at-will). 4 .
discussed Cited "see, e.g." Sherry Luckert v. Dodge County
8th Cir. · 2012 · signal: see, e.g. · confidence medium
See, e.g., Liebe, 157 F.3d at 580 (reasoning “focus on the County’s lack of corrective actions after the suicide misses the mark .... [because] failure to act occurring after the date of suicide does not show that the County was deliberately indifferent to the risk of a suicide ... nor does it show that the County tacitly authorized any unconstitutional conduct”).
Retrieving the full opinion text from the archive…
G. Elvena Martin Coyita Thomas Judith A. Corwin
v.
American Family Mutual Insurance Company American Family Life Insurance Company American Standard Insurance Company of Wisconsin
98-1323.
Court of Appeals for the Eighth Circuit.
Oct 1, 1998.
157 F.3d 580
Cited by 8 opinions  |  Published

157 F.3d 580

136 Lab.Cas. P 58,500

G. Elvena MARTIN; Coyita Thomas; Judith A. Corwin, Appellants,
v.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY; American Family
Life Insurance Company; American Standard
Insurance Company of Wisconsin, Appellees.

No. 98-1323EM.

United States Court of Appeals,
Eighth Circuit.

Submitted Sept. 24, 1998.
Decided Oct. 1, 1998.

John J. Carey, St. Louis, MO, argued (Joseph P. Danis, St. Louis, MO, on the brief), for Appellant.

Michael F. Harris, Chesterfield, MO, argued (James M. Paul, St. Louis, MO, on the brief), for Appellee.

Before McMILLIAN, HEANEY, and FAGG, Circuit Judges.

PER CURIAM.

1

G. Elvena Martin, Coyita Thomas, and Judith A. Corwin were independent insurance agents in Missouri for American Family Mutual Insurance Company, American Family Life Insurance Company, and American Standard Insurance Company of Wisconsin (collectively American Family). After American Family terminated their agencies, the agents brought this lawsuit asserting various claims. In 1997 the district court dismissed the agents' wrongful discharge, tortious interference, and conversion claims. A year later, in 1998, the district court granted summary judgment to American Family on the agents' remaining claims. The agents filed a timely notice of appeal stating they were appealing the 1998 summary judgment order. After the time for appeal expired, the agents submitted an appeal information form stating they were also appealing the 1997 dismissal order.

2

Initially, American Family contends we lack jurisdiction to consider the agents' appeal of the district court's 1997 dismissal order. The agents contend we have jurisdiction to consider the dismissed claims because the agents listed the 1997 dismissal as an issue on their appeal information form. See 8th Cir. R. 3B (requiring submission of appeal information form for administrative purposes along with notice of appeal).

3

To vest us with jurisdiction over an appeal, the appellant must comply with Federal Rule of Appellate Procedure 3. See Smith v. Barry, 502 U.S. 244, 248, 112 S.Ct. 678, 116 L.Ed.2d 678 (1992). Rule 3 requires appellants to file a notice of appeal that "designate[s] the judgment, order, or part thereof appealed from" within thirty days after the district court enters the judgment or order. Fed. R.App. P. 3(c); see id. R. 3(a); id. R. 4(a)(1). Because we liberally construe the Rule's requirements, a technically deficient document that is the functional equivalent of the required notice can serve as a notice of appeal if the document is filed within the thirty-day appeal period. See Smith, 502 U.S. at 248-49, 112 S.Ct. 678. The failure to refer to the order appealed from is more than a technical deficiency, however, and creates a jurisdictional bar to the appeal. See Klaudt v. United States Dept. of Interior, 990 F.2d 409, 411 (8th Cir.1993). We have held an appeal information form filed within the thirty-day period cannot independently provide jurisdiction, but can supplement a notice of appeal to create jurisdiction over a district court order identified only on the form. See Elca Enters., Inc. v. Sisco Equip. Rental & Sales, Inc., 53 F.3d 186, 189 (8th Cir.1995); see also C & S Acquisitions Corp. v. Northwest Aircraft, Inc., 153 F.3d 622, 625-26 (8th Cir.1998). In the case before us, the agents did not file their appeal information form within the thirty-day appeal period expressing their intent to appeal the 1997 dismissal order. Thus, we lack jurisdiction to review the 1997 dismissal order, and turn instead to the properly appealed 1998 decision granting summary judgment to American Family on the issues of fraud, promissory estoppel, breach of the implied covenants of good faith and fair dealing, and breach of contract.

4

The agents' fraud claims fail as a matter of law because the agents cannot carry their burden to prove every essential element of fraud. See Craft v. Metromedia, Inc., 766 F.2d 1205, 1218 (8th Cir.1985) (applying Missouri law); Heberer v. Shell Oil Co., 744 S.W.2d 441, 443 (Mo.1988); Trotter's Corp. v. Ringleader Restaurants, Inc., 929 S.W.2d 935, 939 (Mo.Ct.App.1996). Even if a management official said the agents would have "lifelong careers" with American Family as the agents allege, the agents cannot show the statements were knowingly false when made. See Craft, 766 F.2d at 1219; Kenley v. J.E. Jones Const. Co., 870 S.W.2d 494, 498 (Mo.Ct.App.1994). Further, no reasonable jury could find the agents' reliance on the statements was reasonable given the agency contract language, which says the agencies "may be terminated by either party with or without cause," the contract may not be modified except by written agreement, and the written contract takes precedence over any inconsistent oral statements. See One-O-One Enters., Inc. v. Caruso, 848 F.2d 1283, 1286-87 (D.C.Cir.1988) (Ginsburg., J.).

5

The agents' remaining claims also fail as a matter of law. Because the agency contract unambiguously permitted termination of the agencies at will, promissory estoppel cannot be used to create a right preventing termination, see Hamra v. Magna Group, Inc., 956 S.W.2d 934, 939 (Mo.Ct.App.1997) (per curiam), and the covenant of good faith and fair dealing cannot give rise to a right against termination, see Comprehensive Care Corp. v. RehabCare Corp., 98 F.3d 1063, 1066 (8th Cir.1996) (applying Missouri law). The agents do not assert the district court committed error in granting summary judgment on their claim for breach of contract.

6

In sum, we decline to review the district court's 1997 order because we lack jurisdiction, and we affirm the district court's 1998 order granting summary judgment to American Family.