Section 35 AppellateReview

• Library: Juvenile Law 2011

The right of appeal is statutory in origin and must be taken in compliance with the statute. Farinella v. Croft, 922 S.W.2d 755 (Mo. banc 1996). Section 211.261, RSMo 2000, sets forth the requirements for an appeal from a final judgment of the juvenile court, and all appeals must comply accordingly. But the Supreme Court of Missouri has stated that the Rules of Civil Procedure, not § 211.261, govern the time for taking
an appeal from a juvenile court judgment, order, or decree. In re D.J.B., 704 S.W.2d 217 (Mo. banc 1986). Based on the Court’s interpretation of Rule 41.02 and Article V, § 5, of the Missouri Constitution, the time for appeal in Rules 81.04 and 81.05(a) takes precedence over the statute.

The timely filing of a notice of appeal is an essential prerequisite to appellate jurisdiction. T.S. v. P.S., 797 S.W.2d 837 (Mo. App. W.D. 1990). But neither the filing of the notice nor any subsequent motions act as a supersedeas to stay the judgment of the...