Section 2.1 Introduction
Library | App Ct Prac 2015 Supp |
I. (§2.1) Introduction
The appellate process is often a minefield of procedural traps for the unwary. Failure to comply with the rules may divest the appellate court of jurisdiction. In these circumstances, no matter how meritorious the appeal, the appellate court must dismiss it.
Under Missouri law, an appeal is purely a creature of statute. If the statute confers no right to appeal, there can be no appeal. Farinella v. Croft, 922 S.W.2d 755, 756 (Mo. banc 1996). For appeals in civil cases, the most important statute is § 512.020, RSMo 2000, which provides in pertinent part:
Any party to a suit aggrieved by any judgment of any trial court in any civil cause from which an appeal is not prohibited by the constitution, nor...
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- Section 2.1 Introduction
- Section 2.2 Aggrieved Parties in General
- Section 2.3 Recurring Problems
- Section 2.4 General Rule: Jurisdiction of the Court of Appeals
- Section 2.5 Cases Involving the Validity of a Treaty, Statute, or State Constitutional Provision
- Section 2.6 Construction of the Revenue Laws
- Section 2.7 Other Cases
- Section 2.8 Effect of Filing in the Wrong Jurisdiction
- Section 2.9 Final Judgments in General
- Section 2.10 General Rule: Ten Days After the Judgment Becomes Final
- Section 2.11 Rule 75.01 and the Trial Court’s Control Over the Judgment
- Section 2.12 Effect of Posttrial Motions in Jury Cases
- Section 2.13 Effect of Posttrial Motions in Court-Tried Cases
- Section 2.14 Premature Appeals
- Section 2.15 Late Notices of Appeal
- Section 2.16 Lack of Notice of Entry of Final Judgment
- Section 2.17 Default Judgments
- Section 2.18 Amended Judgments
- Section 2.19 Standards for Certification
- Section 2.20 Timing of the Appeal
- Section 2.21 New Trials
- Section 2.22 Collateral Attacks
- Section 2.23 Other Appealable Interlocutory Orders
- Section 2.24 Cross-Appeals
- Section 2.25 Notice of Appeal; Contents
- Section 2.26 Required Supplements
- Section 2.27 Conclusion
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