State v. McFall

Missouri Court of Appeals

Decided January 19, 1978

Missouri Court of Appeals · decided 1978-01-19

Cited by 1 later decisions — most recently January 2004

1 state decisions

Key passage — most relied on by later courts

“[a]n appeal shall be taken by filing a notice of appeal in the same manner and within the same time after final judgment as provided for civil cases.” The Rule pertaining to civil cases is 81.04, which contains the same requirements concerning filing deadlines and docket fees on appeal as the present Rule 30.01(d). 3 . While Mr. Mitchell’s case was pending on appeal, he obtained an order granting leave to appeal as an indigent person from the Circuit Court of Boone County. A waiver of the docket fee subsequent to the last day to file the notice of appeal”

quoted by 1 later decision, including State v. Mitchell

Relies on State v. Worl

Good law ✅— No negative treatment on recordhow we know

Decided 1978-01-19

View the full empirical analysis of this case →

PER CURIAM.

¶1Appellant’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.

¶2Rules 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.

¶3 *448The appeal must be, and hereby is, dismissed.

All concur.