Missouri Revised Statutes

Mo. Rev. Stat. § 208.110 (2026)

Appeals from circuit court

✓ current as of May 2026

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208.110. Appeals from circuit court. — Appeals may be had by either party from the circuit court upon the record in the same manner as provided herein for appeals from the director to the circuit court, and all appeals to the circuit and appellate courts shall be advanced on the docket of the courts for immediate hearing and determination.

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(RSMo 1939 § 9411, A. 1949 S.B. 1063)

(1961) Finding that recipient of old age assistance had conveyed property to her children without receiving in return a value equal to the property conveyed held not supported by substantial evidence. Weidmaier v. State Department of Public Health and Welfare (A.), 343 S.W.2d 93.

(1962) Where referee, in the course of a hearing on an application for aid to dependent children based on the ground that the father of the child was unable to work, stated that the father appeared to be able to work and also that he appeared to be a normal person, the applicant for benefits did not receive a fair hearing and the decision of the division would be reversed. Jones v. State Department of Public Health and Welfare (A.), 354 S.W.2d 37.

(1962) It was error, on appeal from decision of director of welfare, for trial court to permit judgment of circuit court setting aside deed to be introduced in evidence at hearing and made a part of the transcript on appeal. Powers v. State Department of Public Health and Welfare (A.), 359 S.W.2d 23.

(1971) Appeals taken pursuant to § 208.110 are subject to the Rules of Civil Procedure including the requirement that the Department of Public Health and Welfare shall cause a transcript on appeal to be prepared, filed, served and approved in the form and manner specified by Civil Rule 82.14. Stacy v. Department of Public Health and Welfare (A.), 468 S.W.2d 651.

(1972) Adding of affidavit is a permissible amendment to the original notice of appeal and relates back to the filing of the original notice. Fraher v. Department of Public Health and Welfare (A.), 484 S.W.2d 663.

Notes of Decisions

Cited in 17 cases, 1956–2015 · leading case: Jones v. State Dep't of Pub. Health & Welfare, 354 S.W.2d 37 (Mo. Ct. App. 1962).

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Jones v. State Dep't of Pub. Health & Welfare, 354 S.W.2d 37 (Mo. Ct. App. 1962). · cites it 4× “Section 208.110, V.A.M.S.; Section 208.100, V.”

Crist v. Dir. of Missouri State Div. of Fam. Servs., 775 S.W.2d 266 (Mo. Ct. App. 1989). · cites it 7× “Crist argues nevertheless that § 208.110, RSMo 1986, and not the rules of civil procedure, governs an appeal to this court for a claimant aggrieved by the decision of the Director on an application for benefits— and that statute accords ninety days from final judgment, rather…”

Tidrow v. Dir., Mo. State Div. of Fam. Serv., 688 S.W.2d 9 (Mo. Ct. App. 1985). · cites it 2× “1981 and § 208.110, RSMo 1978. Appellant, known as “Bruce” Tidrow, was 34 years of age at the time of the hearing.”

Vaughn v. Missouri Dep't of Soc. Servs., 323 S.W.3d 44 (Mo. Ct. App. 2010). · cites it 2× “Section 208.110 1 Section 536.140.2; Patrick, 295 S.”

Porter v. Emerson Elec. Co., 895 S.W.2d 155 (Mo. Ct. App. 1995). “Another statute, § 208.110, allowed either party to appeal from the circuit court “in the same manner” as provided for appeals from the Director to the circuit court.”

Stacy v. Dep't of Pub. Health & Welfare, 468 S.W.2d 651 (Mo. Ct. App. 1971). · cites it 3× “Appellant contends that the Rules of Civil Procedure do not apply to such appeals to this court because § 208.110 “creates the right of review and prescribes the manner of appeal.”

Choate v. State Dep't of Pub. Health & Welfare, 296 S.W.2d 189 (Mo. Ct. App. 1956). · cites it 2× “” Section 208.110 — Appeals from circuit court reads: “Appeals may be had by either party from the circuit court upon the record in the same manner as provided herein for appeals from the director to the circuit court, * * * It is clear from the reading of the statutes governing…”

Moore v. Fry, 800 S.W.2d 142 (Mo. Ct. App. 1990). “Accordingly, appeals taken under § 208.110 are subject to the rules of civil procedure.”

Rader v. Missouri State Div. of Fam. Servs., 810 S.W.2d 346 (Mo. Ct. App. 1991). · cites it 2× “Appellant’s Points I and II will be considered together as both allege that the decision of the Division was not based upon competent and substantial evidence, is arbitrary and capricious and fails to consider uncontradicted medical evidence.”

Fraher v. Dep't of Pub. Health & Welfare, 484 S.W.2d 663 (Mo. Ct. App. 1972). · cites it 2× “In making this motion, the Director relies on § 208.110 V.A.M.S. which provides that appeals from the circuit court shall be in the same manner as provided for appeals from the Director to the circuit court.”

Chrismer v. Missouri State Div. of Fam. Servs., 816 S.W.2d 696 (Mo. Ct. App. 1991). “A person claiming public assistance benefits is guaranteed the right to appeal an adverse decision of the Division to the circuit court pursuant to § 208.100, RSMo 1986.”

Lee v. State Dep't of Pub. Health & Welfare, 480 S.W.2d 305 (Mo. Ct. App. 1972). “§ 208.110. Prearranged Burial Contracts In 1936, Mrs.”

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