Section V Section 10

Constitution

Effective - 02 Sep 1976, see footnote   

  V Section 10.  Transfer of cases from court of appeals to supreme court — scope of review. — Cases pending in the court of appeals shall be transferred to the supreme court when any participating judge dissents from the majority opinion and certifies that he deems said opinion to be contrary to any previous decision of the supreme court or of the court of appeals, or any district of the court of appeals.  Cases pending in the court of appeals may be transferred to the supreme court by order of the majority of the judges of the participating district of the court of appeals, after opinion, or by order of the supreme court before or after opinion because of the general interest or importance of a question involved in the case, or for the purpose of reexamining the existing law, or pursuant to supreme court rule.  The supreme court may finally determine all causes coming to it from the court of appeals, whether by certification, transfer or certiorari, the same as on original appeal.

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Source: Const. of 1875, Amdt. of 1884, § 6 (Amended August 4, 1970) (Amended August 3, 1976).

(1952) Where appeals court transfers cause to Supreme Court because of general interest and importance and for reexamination of existing law, latter court will determine same as though it was an original appeal. Hayes v. Hayes, 363 Mo. 583, 252 S.W.2d 323.

(1957) Where motion for rehearing on transfer of case to Supreme Court was overruled by Court of Appeals, but one of judges withdrew his concurrence and dissented, his modification of his dissent and certification of the case to the Supreme Court twelve days later but before issuance of mandate, held proper. Huber v. Gershman (Mo.), 300 S.W.2d 501.