Section 2.14 Premature Appeals

• Library: App Ct Prac 2015 Supp

5. (§2.14) Premature Appeals

Rule: A premature appeal becomes effective immediately after the judgment becomes final for purposes of appeal.

Rule 81.05(b) prescribes that a premature notice of appeal is filed immediately after the judgment becomes final for purposes of appeal. Thus, a notice filed before the expiration of the 30-day period prescribed in Rule 75.01 is not effective until the 30 days have run. The trial court retains jurisdiction over the cause until the 30th day.

A premature notice of...