Section 24.34 Appeal—Inconsistent Proceeding

• Library: Family Law Deskbook and 2014 Supp

D. (§24.34) Appeal—Inconsistent Proceeding

A general principle of appellate practice has been that a party cannot pursue an appeal from a judgment or decree and simultaneously seek to receive the benefits of the decree. The courts deem such an action to be inconsistent and may dismiss the appeal. See:

Knebel v. Knebel, 189 S.W.2d 464 (Mo. App. E.D. 1945)

Fear v. Ebony Paint Mfg. Co., 181 S.W.2d 559 (Mo. App. W.D. 1944)

Warren v. Warren, 601 S.W.2d 683 (Mo. App. W.D. 1980)

The courts, however, in so...