Gollehon v. Branson

Missouri Court of Appeals

Gollehon v. Branson

603 S.W.2d 56, 1980 Mo. App. LEXIS 2778

CourtMissouri Court of Appeals

DecidedJuly 15, 1980

DocketNo. 11657

StatusPublished

Cited by4 cases

This text of 603 S.W.2d 56 (Gollehon v. Branson) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gollehon v. Branson, 603 S.W.2d 56, 1980 Mo. App. LEXIS 2778 (Mo. Ct. App. 1980).

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Opinion

PER CURIAM:

Judgment for plaintiffs in the trial court was entered September 12, 1979, and on September 25, 1979, defendants, inter alia, filed their motion for a new trial. The after-trial motions were overruled December 21, 1979, thereby making the judgment final for purposes of appeal. Rule 81.05, V.A.M.R. As required by Rule 81.04, V.A. M.R., the notice of appeal should have been filed no later than Monday, December 31, 1979. However, defendants’ notice of appeal was not filed until Friday, January 4, 1980, or four days too late.

The filing of a timely notice of appeal is mandatory and jurisdictional. As the notice was untimely filed, we have no jurisdiction in the cause on appeal and no choice but to dismiss the appeal. Rahhal v. Mossie, 577 S.W.2d 143, 145[3] (Mo.App.1979).

We also observe that pursuant to-defendants’ motion, the time for filing the record on appeal was extended to July 2, 1980, on which date the transcript was filed in this court, with the legal file deposited here July 7, 1980. Since the transcript filing, showing the matters of record recited above, was more than six months after the date of final judgment, we also have no opportunity to advise relative to a motion for a special order permitting a late filing of a notice of appeal, or authority to entertain such a motion. Rule 81.07(a), V.A.M.R.

All concur, except FLANIGAN, C. J., concurs in result only.

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PER CURIAM:

Judgment for plaintiffs in the trial court was entered September 12, 1979, and on September 25, 1979, defendants, inter alia, filed their motion for a new trial. The after-trial motions were overruled December 21, 1979, thereby making the judgment final for purposes of appeal. Rule 81.05, V.A.M.R. As required by Rule 81.04, V.A. M.R., the notice of appeal should have been filed no later than Monday, December 31, 1979. However, defendants’ notice of appeal was not filed until Friday, January 4, 1980, or four days too late.

The filing of a timely notice of appeal is mandatory and jurisdictional. As the notice was untimely filed, we have no jurisdiction in the cause on appeal and no choice but to dismiss the appeal. Rahhal v. Mossie, 577 S.W.2d 143, 145[3] (Mo.App.1979).

We also observe that pursuant to-defendants’ motion, the time for filing the record on appeal was extended to July 2, 1980, on which date the transcript was filed in this court, with the legal file deposited here July 7, 1980. Since the transcript filing, showing the matters of record recited above, was more than six months after the date of final judgment, we also have no opportunity to advise relative to a motion for a special order permitting a late filing of a notice of appeal, or authority to entertain such a motion. Rule 81.07(a), V.A.M.R.

All concur, except FLANIGAN, C. J., concurs in result only.

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603 S.W.2d 56, 1980 Mo. App. LEXIS 2778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gollehon-v-branson-moctapp-1980.

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