II. INITIATING AN APPEAL
· General Rule: In general civil and criminal appeals, the notice of appeal is due ten (10) days after the judgment becomes final.
A. JURISDICTION
This Court has jurisdiction of all appeals, except where jurisdiction is vested in the Missouri Supreme Court, pursuant to Article V, Section 3, Mo. Const., from cases of the following courts:
1. Circuit Courts. See generally Section 512.020 RSMo.
2. Associate Circuit Courts. See Sections 512.180.2 and 543.335 RSMo. for the circumstances under which an appeal may be filed with this Court directly from the associate circuit court.
3. Probate courts. See Section 472.160 RSMo. for a list of some of the orders of the probate court that may be appealed.
B. FINALITY OF JUDGMENT
Generally, an appeal may be taken only from a final judgment. A judgment is rendered when a writing signed by a judge and denominated "judgment" or "decree" is filed. Rule 74.01(a). A final judgment is one that disposes of all issues, claims and parties. In the absence of a final judgment, the appeal is premature. A judgment that disposes of fewer than all parties or claims may be made final for purposes of appellate review, if the trial court makes an express determination that there is “no just reason for delay.” Rule 74.01(b). In the absence of this express determination, the appellate court has no jurisdiction. Bi-State Development Agency v. Peckham, Guyton, Albers & Viets, Inc., 747 S.W.2d 332, 334 (Mo. App. 1988).
In civil cases, the judgment becomes final thirty (30) days after the entry of the judgment if no timely motion for new trial is filed. If a timely motion for new trial is filed, the judgment becomes final at the expiration of ninety (90) days after the filing of the motion or, if such motion is passed on at an earlier date, at the later of: 1) thirty (30) days after the entry of judgment; or 2) disposition of the motion. Rule 81.05(a).
In criminal cases, the judgment is final when the motion for new trial is overruled, allocution given, judgment and sentence entered in accordance with the jury verdict, and sentence is imposed. State v. Welch, 865 S.W.2d 434 (Mo. App. 1993). In cases where no sentence is imposed, there is no right of appeal. State v. Lynch, 679 S.W.2d 858 (Mo. banc 1984).
C. FILING THE NOTICE OF APPEAL
In general civil and criminal appeals, the notice of appeal is filed with the clerk of the trial court no later than ten (10) days after the judgment becomes final. Rules 30.01(d) and 81.04(a).
The form and contents of a notice of appeal are contained in Form 8-A for both criminal and civil cases. Rules 30.01(e) and 81.08(a). See Appendix A. At the time of the filing the notice of appeal with the clerk of the trial court, a docket fee of $70.00 or forma pauperis finding by the trial court must be filed. Rules 30.01(d), 81.04(c); section 488.031. The appellant shall also serve a copy of the notice of appeal on all other parties to the judgment. Rule 81.08(d).
The notice of appeal must specify the parties taking the appeal, the judgment or order appealed from, the court to which the appeal is taken and must be signed. Rules 30.01(e) and 81.08(a). The clerk of the trial court shall give notification of the filing of the notice of appeal by mailing copies to all parties to the judgment other than the party or parties taking the appeal. Rules 30.01(h) and 81.08(d).
In accordance with this Court's Special Rule 300(a), in addition to filing the notice of appeal, the appellant in a civil case must file a Civil Case Information Form using the form attached to the Rule. See Appendix B.
In a criminal case, the appellant must file the Criminal Case Information Form. See Appendix C. The appellant must also file a copy of an appeal bond if appellant has been released on bond pending appeal. These documents are to be filed with the notice of appeal in the trial court and forwarded to the Court of Appeals.
D. CROSS-APPEAL
If a notice of appeal is timely filed by a party, any other party may file a notice of appeal within ten (10) days of the date the first of notice of appeal was filed. Rule 81.04(b). The Court generally consolidates all appeals arising from the same circuit court judgment into one case for judicial efficiency. Any party by motion may request that appeals be consolidated.
E. LATE NOTICE OF APPEAL
If a timely notice of appeal has not been filed, all is not lost. A party may seek leave from the Court of Appeals to file a "late" notice of appeal. Rules 30.03 (within twelve (12) months after final judgment in criminal cases including post-conviction proceedings) and 81.07 (within six (6) months of final judgment in civil cases). Leave to file a late notice of appeal is sought by filing with the Clerk of the Court of Appeals a written motion for special order permitting a late notice of appeal.
In a civil case, the Court of Appeals may issue a special order only upon motion, with notice to the adverse parties, and a showing by affidavit or otherwise that the delay was not due to the appellant's culpable negligence. In addition, a copy of the final judgment from which the appeal is sought shall be attached to the motion. Rule 81.07(a). In a criminal case, the Court of Appeals may issue a special order in its discretion "for good cause shown." Rule 30.03.
When a special order is granted, the clerk of the trial court shall permit the appellant to file a notice of appeal within the time specified by the appellate court. Rules 30.03 and 81.07(a). The notice of appeal should not be filed with the trial court until after the appellate court has granted the motion. If a notice of appeal has been previously filed, it is still necessary to file a new notice of appeal. The notice of appeal should never be filed directly in the appellate court.
F. INTERLOCUTORY APPEAL BY STATE
In accordance with Section 547.200, RSMo, the state may appeal from an order that quashes an arrest warrant, suppresses evidence, a confession or admission. The notice of appeal must be filed in the trial court within five (5) days of the entry of the order. The filing of the record on appeal and the briefing cycle are expedited in accordance with Rule 30.02.
G. SPECIAL TIME LIMITS
In workers’ compensation cases, the notice of appeal is due within 30 days of the date of the award. Section 287.495.1. In unemployment cases, decisions must be appealed within 20 days of finality. Finality occurs 10 days after the date of mailing of the decision. Sections 288.200.2 and 288.210. There is a mailbox rule applicable to notices of appeal sent to the Labor and Industrial Relations Commission in workers’ compensation and unemployment cases. Sections 287.480.1 and 288.240.