Section 2.23 Other Appealable Interlocutory Orders

• Library: App Ct Prac 2015 Supp

H. (§2.23) Other Appealable Interlocutory Orders

Rule: Appeals will lie from interlocutory orders that:

refuse to revoke, modify, or change an order appointing a receiver;

· dissolve an injunction;

· declare the rights of the parties in actions in partition; or

· are special orders after final judgment.

The appeal must be filed within ten days of the order.

In addition to final judgments and orders granting a new trial, § 512.020, RSMo 2000, permits appeals from the following orders:

· Orders refusing to revoke, modify, or change an interlocutory order appointing a receiver or receivers

· Orders dissolving an injunction

· Any interlocutory orders that determine the rights of the parties in actions in partition

· Any special orders after final judgment in a cause

The first three orders are self-explanatory. A “special order after final judgment,” however, has a technical meaning. It refers to orders in aid of enforcement of the underlying judgment and challenges to such attempts to enforce the judgment. GUI, Inc. v. Adams, 978 S.W.2d 515, 517 (Mo. App. W.D. 1998); McFadden v. Hartman, 677 S.W.2d 948, 949 (Mo. App. S.D. 1984). Examples include an order overruling a motion to quash an execution, an order reviving a judgment, and a final judgment in a garnishment action. GUI...