In re the Marriage of Chilton

Missouri Court of Appeals

In re the Marriage of Chilton

540 S.W.2d 237, 1976 Mo. App. LEXIS 2167

CourtMissouri Court of Appeals

DecidedAugust 17, 1976

DocketNo. 10364

StatusPublished

Cited by4 cases

This text of 540 S.W.2d 237 (In re the Marriage of Chilton) 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.

Bluebook

In re the Marriage of Chilton, 540 S.W.2d 237, 1976 Mo. App. LEXIS 2167 (Mo. Ct. App. 1976).

Pincite

Opinion

PER CURIAM.

This action for dissolution of marriage was instituted by James C. Chilton, petitioner below and respondent here, against his wife Kathy L. Chilton, respondent below and appellant here. On April 19, 1976, judgment was entered in the trial court. Appellant’s after-trial motion was filed on April 21 and overruled on April 29, but her notice of appeal was not filed until the twelfth day thereafter, to wit, on May 11, 1976.

Rule 81.04 requires that a notice of appeal must be filed within ten days after the judgment becomes final to be effective. We recognize the apparent severity of dismissal but we are required to examine the record and determine whether we have jurisdiction to entertain the appeal. Kuhn v. Bunch, 529 S.W.2d 200, 201 (Mo.App.1975).

The appeal must be, and is, dismissed without prejudice to an application for leave to file a notice of appeal out of time.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This action for dissolution of marriage was instituted by James C. Chilton, petitioner below and respondent here, against his wife Kathy L. Chilton, respondent below and appellant here. On April 19, 1976, judgment was entered in the trial court. Appellant’s after-trial motion was filed on April 21 and overruled on April 29, but her notice of appeal was not filed until the twelfth day thereafter, to wit, on May 11, 1976.

Rule 81.04 requires that a notice of appeal must be filed within ten days after the judgment becomes final to be effective. We recognize the apparent severity of dismissal but we are required to examine the record and determine whether we have jurisdiction to entertain the appeal. Kuhn v. Bunch, 529 S.W.2d 200, 201 (Mo.App.1975).

The appeal must be, and is, dismissed without prejudice to an application for leave to file a notice of appeal out of time.

Cite This Page — Counsel Stack

Bluebook (online)

540 S.W.2d 237, 1976 Mo. App. LEXIS 2167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-chilton-moctapp-1976.

Opinion

Related

Cite This Page — Counsel Stack