Chapter 2 Filing Appeals

• Library: Missouri Appellate Practice (2018 Ed.)

Chapter 2 Filing Appeals

A. Final Judgments

B. Interlocutory Appeals

C. Late Appeals and Appeals by Permission

D. Notice of Appeal

E. Filing

A. Final Judgments

A final judgment is normally a prerequisite to appellate review. Sanford v. CenturyTel of Mo., LLC, 490 S.W.3d 717, 719 (Mo. banc 2016). Missouri appellate courts generally do not have appellate jurisdiction if the trial court’s judgment is not final. Id.

A final judgment, in either a civil or criminal case, resolves all issues and leaves nothing to be determined in the future by the trial court. Sanford, 490 S.W.3d at 719; State v. Burns, 994 S.W.2d 941, 942 (Mo. banc 1999).

A final judgment must be in writing, signed by the judge, and denominated either “judgment” or “decree.” Rule 74.01(a). An exception applies that allows entry of a judgment that resolves fewer than all claims or issues if the trial court makes “an express determination that there is no just reason for delay.” Rule 74.01(b).

A judgment entered in accordance with Rule 74.01 becomes final 30 days after it is entered if no timely authorized after-trial motion is filed. Rule 81.05(a)(1). The finality of a judgment entered in accordance with Rule 74.01 is delayed if a party timely files an authorized after-trial motion. Rule 81.05(a)(2). The judgment then becomes final on the date the trial court rules on the last pending motion, if that date is at least 30 days after the judgment was entered and not more than 90 days after the last timely motion was filed. Id. Otherwise, the judgment becomes final 30 days after entry if all motions have been ruled by...