State v. Miller

Missouri Court of Appeals

State v. Miller

69 S.W.3d 918, 2002 Mo. App. LEXIS 428, 2002 WL 337804

CourtMissouri Court of Appeals

DecidedMarch 5, 2002

DocketNo. ED 79473

StatusPublished

Cited by1 cases

This text of 69 S.W.3d 918 (State v. Miller) 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. Miller, 69 S.W.3d 918, 2002 Mo. App. LEXIS 428, 2002 WL 337804 (Mo. Ct. App. 2002).

Pincite

Opinion

MARY K. HOFF, Judge.

Robert Block appeals the trial court’s order denying his motion to set aside default judgment on a bail bond.

Bail bond forfeiture proceedings, such as the one out of which this appeal arises, “are by nature civil actions ... [and] any right to appeal is purely statutory and governed by the statutes and rules governing civil appellate procedure.” State v. Johnson, 855 S.W.2d 466, 468 (Mo.App. E.D.1993).

We dismiss the appeal as premature because the trial court’s order is “not denominated either a ‘judgment’ or ‘decree,’ as required by Rule 74.01(a). As a result, this Court does not presently have appellate jurisdiction in the matter because we do not yet have a final judgment before us.” Popular Leasing USA, Inc. v. Universal Art Corp. of New York, 57 S.W.3d 875, 877-78 (Mo.App. E.D.2001) (addressing an order denying a motion to set aside a default judgment).

Appeal dismissed.

GEORGE W. DRAPER III, P.J., and MARY R. RUSSELL, J., concur.

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