☰ Revisor of Missouri

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 512

< > Effective - 28 Aug 2004 bottom

  512.020.  Who may appeal. — Any party to a suit aggrieved by any judgment of any trial court in any civil cause from which an appeal is not prohibited by the constitution, nor clearly limited in special statutory proceedings, may take his or her appeal to a court having appellate jurisdiction from any:

  (1)  Order granting a new trial;

  (2)  Order refusing to revoke, modify, or change an interlocutory order appointing a receiver or receivers, or dissolving an injunction;

  (3)  Order granting or denying class action certification provided that:

  (a)  The court of appeals, in its discretion, permits such an appeal; and

  (b)  An appeal of such an order shall not stay proceedings in the court unless the judge or the court of appeals so orders;

  (4)  Interlocutory judgments in actions of partition which determine the rights of the parties; or

  (5)  Final judgment in the case or from any special order after final judgment in the cause; but a failure to appeal from any action or decision of the court before final judgment shall not prejudice the right of the party so failing to have the action of the trial court reviewed on an appeal taken from the final judgment in the case.

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(RSMo 1939 § 1184, A.L. 1943 p. 353 § 126, A.L. 2004 S.B. 1211)

Prior revisions: 1929 § 1018; 1919 § 1469; 1909 § 2038

Aggrieved Parties

(1971) Where wife was permitted to amend her motion for change of custody to ask for rights of visitation which she received she was nevertheless an aggrieved party and could appeal since to be an alternative relief it must afford final, full, and complete relief. Eissler v. Eissler (A.), 468 S.W.2d 217.

(1971) Appeal from order, entered in a suit by trustees for construction of testamentary trust, designated as interlocutory and sustaining motion for summary judgment by counterclaimants, who asserted that will provisions creating trust were invalid as violative of rule against perpetuities, and directing delivery of property, accounting and hearing on final distribution, was premature. Proctor v. Jacobs (Mo.), 472 S.W.2d 609.

(1972) After defendant rested his case, the court stated "I'm going to find him guilty and sentence him to six months in the City Workhouse and I'll grant him probation." Defendant immediately filed "motion for a new trial or for outright reversal and acquittal", which was overruled. Defendant then filed his notice of appeal. Appellate court held that attempted sentencing before the filing of and ruling on defendant's motion for new trial was premature and void and there was nothing from which appeal could be taken. State v. Summers (A.), 477 S.W.2d 721.

(1972) An order which quashes a writ of garnishment is a final judgment for purposes of an appeal but an order overruling a petition to quash execution of a garnishment is not appealable for the reason that the order does not constitute a final disposition of the cause nor the merits of the garnishment proceeding. Orf v. Computer Institute, Inc. (A.), 480 S.W.2d 73.

(1976) Commissioner of finance is not a "person aggrieved" by a decision of the state banking board and has no standing to sue. Kostman v. Pine Lawn Bank and Trust Co. (Mo.), 540 S.W.2d 72.

(1977) Held, where motion for new trial on all issues was sustained, moving party cannot then appeal from an order denying his motion for a directed verdict since he is not an aggrieved party. Morris v. Patterson (A.), 549 S.W.2d 613.

(1986) A party whose claim is involuntarily dismissed may remain a "party"  to the action within the meaning of the term "party to a suit aggrieved by any judgment of any trial court" for purposes of appeal rights.  Aherron v. St. John's Mercy Medical Center, 713 S.W.2d 498 (Mo. banc).

(1986) This section grants a right of appeal from an interlocutory judgment in a partition action only where such judgment determines the quantum of party's interest in the property being partitioned.  First National Bank of Carrollton V. Eucalyptus, 721 S.W.2d 165 (Mo.App.).

Final Judgments, Generally

(1974) Held, a denial of a motion for new trial is not an appealable judgment, an appeal must be taken from the underlying judgment. Cady v. Kansas City Southern Railway Co.  (A.), 512 S.W.2d 882.

(1974) Held, an order denying defendant's motion to bring in a third party defendant is not a final judgment and is not appealable.  Nadler v. Continental Insurance Co. (A.), 511 S.W.2d 446.

(1977) Requirement that court make a division of marital property in a dissolution action is mandatory and failure to comply results in no final judgment in the action. The fact that a final judgment has not been rendered bars an appeal under the provisions of § 512.020, RSMo. Corder v. Corder (A.), 546 S.W.2d 798.

(1977) Held, entry of a decree making final an earlier interlocutory decree does not violate rule requiring a single final judgment. Bolin v. Farmers Alliance Mutual Insurance Co.  (Mo.), 549 S.W.2d 886.

(1977) Failure to rule on a counterclaim results in judgment not disposing of all issues and such a judgment is not appealable.  Allis-Chalmers Credit Corp. v. Baker (A.), 559 S.W.2d 763.

(2000) There is an implied right to appeal from circuit court order creating fire protection district that excludes disputed land. Tipton Rural Fire Protection District v. Objectors, 34 S.W.3d 404 (Mo.App.W.D.).

(2003) Qualified domestic relations order comes within special order exception of section but requires denomination as a judgment or decree.  Brooks v. Brooks, 98 S.W.3d 530 (Mo.banc).


---- end of effective   28 Aug 2004 ----

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