State v. McFall

Missouri Court of Appeals

State v. McFall

561 S.W.2d 447, 1978 Mo. App. LEXIS 2477

CourtMissouri Court of Appeals

DecidedJanuary 19, 1978

DocketNo. 10687

StatusPublished

Cited by1 cases

This text of 561 S.W.2d 447 (State v. McFall) 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

State v. McFall, 561 S.W.2d 447, 1978 Mo. App. LEXIS 2477 (Mo. Ct. App. 1978).

Pincite

Opinion

PER CURIAM.

Appellant’s notice of appeal was filed in the Phelps County Circuit Clerk’s office on May 6, 1977. Said notice alleged that the underlying judgment became final on May 2, 1977. An order waiving the docket fee was signed on May 13, 1977.

Rules 28.03 and 81.04 require that a notice of appeal be filed within ten days after the judgment becomes final. There can be no valid filing of a notice of appeal until the docket fee has been paid or waived. State v. Worl, 531 S.W.2d 294, 295(2) (Mo.App.1975). The last day to file the notice of appeal was May 12, 1977, and subsequent waiver of the docket fee does not bestow jurisdiction upon this court.

[448]*448The appeal must be, and hereby is, dismissed.

All concur.

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