657 SW2D 40 - Drake v. Drake

How this case has been cited

Cited by 10 later decisions — most recently October 2011

10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

CRIST, Judge.

¶1Appeal by husband from a default dissolution decree. We dismiss the appeal.

¶2The default dissolution decree was entered on June 30, 1981. Husband’s motion to set aside the default dissolution decree was filed July 2, 1981. The motion was overruled on August 4,1981. Judgment for purposes of appeal became final when the post-trial motion was ruled upon. Rule 81.-05(a). Husband’s notice of appeal was not filed until August 17, 1981, more than 40 days after entry of the default judgment and more than 10 days after the motion to set aside the judgment was overruled. We lack jurisdiction to entertain this appeal. Dudley v. Dudley, 637 S.W.2d 416 (Mo.App.1982).

¶3Appeal dismissed.

CRANDALL, P.J., REINHARD, J., and JAMES D. CLEMENS, Special Judge, concur.