Missouri Revised Statutes

Mo. Rev. Stat. § 435.440 (2026)

Appeals

✓ current as of May 2026

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435.440. Appeals. — 1. An appeal may be taken from:

(1) An order denying an application to compel arbitration made under section 435.355;

(2) An order granting an application to stay arbitration made under subsection 2 of section 435.355;

(3) An order confirming or denying confirmation of an award;

(4) An order modifying or correcting an award;

(5) An order vacating an award without directing a rehearing; or

(6) A judgment or decree entered pursuant to the provisions of sections 435.350 to 435.470.

2. The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.

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(L. 1980 H.B. 1203 § 19)

(2016) Interlocutory order denying arbitration is immediately appealable upon entry. Sanford v. Centurytel of Missouri, LLC, 490 S.W.3d 717 (Mo.).

Notes of Decisions

Cited in 91 cases (19 in the last 5 years), 1983–2024 · leading case: Kyle Sanford v. CenturyTel of Missouri, LLC d/b/a CenturyLink, 490 S.W.3d 717 (Mo. 2016).

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Kyle Sanford v. CenturyTel of Missouri, LLC d/b/a CenturyLink, 490 S.W.3d 717 (Mo. 2016). · cites it 18× “Section 435.440 1 makes orders denying arbitration immediately appealable.”

Matthew Alexander Nicholson & Jailyn Marchai Nicholson, Plaintiffs-respondents v. Surrey Vacation Resorts, Inc., 463 S.W.3d 358 (Mo. Ct. App. 2015). · cites it 32× “First Appeal is an Interlocutory Appeal from an Interlocutory Trial Court Order Denying an Application to Compel Arbitration Section 435.440 provides that an appeal may be taken from an order denying an application to compel arbitration made under section 435.”

Carla Baker v. Bristol Care, Inc., d/b/a Bristol Manor, & David Furnell, 450 S.W.3d 770 (Mo. 2014). · cites it 6× “ANALYSIS Section 435.440, RSMo 2000, 2 provides that an appeal may be taken from an order denying an application to compel arbitration made under section 435.”

Crack Team USA, Inc. v. Am. Arbitration Ass'n, 128 S.W.3d 580 (Mo. Ct. App. 2004). · cites it 9× “Section 435.440 specifically governs the appealability of arbitration awards; and therefore, we apply that statute to the instant case.”

Korte Constr. Co. v. Deaconess Manor Ass'n, 927 S.W.2d 395 (Mo. Ct. App. 1996). · cites it 12× “DMA argues that because RSMO § 435.440 (1994), a statute authorizing appeals from trial court rulings concerning arbitrations, does not authorize appeal of a trial court order denying a stay of arbitration, there can be no appeal of the trial court ruling in this case.”

Lashiya D. Ellis v. JF Enter., LLC d/b/a Jeremy Franklin's Suzuki of Kansas City, Condor Capital Corp., 482 S.W.3d 417 (Mo. 2016). · cites it 4× “the arbitration provision which is to be construed with the other contract documents is 2 Ellis also filed a separate suit against the financing company, Condor Capital Corporation, but Condor Capital did not file a brief, participate in this appeal, or make any claim that it…”

Dunn Indus. Grp., Inc. v. City of Sugar Creek, 112 S.W.3d 421 (Mo. 2003). · cites it 2× “Although section 435.440 does not provide for appeal of denial of a motion to stay litigation, by its terms section 435.”

Hershewe v. Alexander, 264 S.W.3d 717 (Mo. Ct. App. 2008). · cites it 10× “020 generally grants parties the right to appeal from any final judgment in the case, this case involves an appeal in which there is a specific statute, section 435.440, granting an appeal from an order denying an application to compel arbitration.”

Abrams v. Four Seasons Lakesites/Chase Resorts, Inc., 904 S.W.2d 37 (Mo. Ct. App. 1995). · cites it 12× “NOTES [1] Section 435.440, RSMo 1986, entitled "Appeals," provides in pertinent part, as follows: "1.”

Nat'l Avenue Bldg. Co. v. Stewart, 910 S.W.2d 334 (Mo. Ct. App. 1995). · cites it 6× “MUAA has its own section governing appeals, § 435.440. Insofar as pertinent here, § 435.”

Kagan v. Master Home Prods. Ltd., 193 S.W.3d 401 (Mo. Ct. App. 2006). · cites it 6× “Consequently, the court found the motion to dismiss was in substance a motion to compel, which was appealable pursuant to Section 435.440. Id. Section 435.440 provides that an appeal may be taken from an order denying an application to compel arbitration.”

VCW, Inc. v. Mut. Risk Mgmt., Ltd., 46 S.W.3d 118 (Mo. Ct. App. 2001). · cites it 8× “Respondents’ Motion to Dismiss Before we address the merits of the appellants’ claim of error, we first must address the respondents’ motion to dismiss, which was taken with the case and in which they allege that the trial court’s order denying their motion to stay is not an…”

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— Mo. Rev. Stat. § 435.440(1) — 2 cases

Korte Constr. Co. v. Deaconess Manor Ass'n, 927 S.W.2d 395 (Mo. Ct. App. 1996). “DMA argues that because RSMO § 435.440 (1994), a statute authorizing appeals from trial court rulings concerning arbitrations, does not authorize appeal of a trial court order denying a stay of arbitration, there can be no appeal of the trial court ruling in this case.”

Breanna Rose v. Santiago E. Sabala, Jr., & Verizon Commc'ns, Inc. (Mo. Ct. App. 2021).

— Mo. Rev. Stat. § 435.440(2) — 4 cases

Abrams v. Four Seasons Lakesites/Chase Resorts, Inc., 904 S.W.2d 37 (Mo. Ct. App. 1995). “NOTES [1] Section 435.440, RSMo 1986, entitled "Appeals," provides in pertinent part, as follows: "1.”

Transit Cas. Co. in Receivership v. Certain Underwriters at Lloyd's of London, 963 S.W.2d 392 (Mo. Ct. App. 1998).

Garwood v. Port Arrowhead Marina, Inc., 996 S.W.2d 153 (Mo. Ct. App. 1999).

— Mo. Rev. Stat. § 435.440(3) — 1 case

Collin Knight, a Minor, By & Through His Next Friend, Paul Knight v. Nelson Knight & Violet Knight State Farm Fire & Cas. Co. (Mo. Ct. App. 2020).

— Mo. Rev. Stat. § 435.440(5) — 1 case

Collin Knight, a Minor, By & Through His Next Friend, Paul Knight v. Nelson Knight & Violet Knight State Farm Fire & Cas. Co. (Mo. Ct. App. 2020).

— Mo. Rev. Stat. § 435.440(6) — 2 cases

Crack Team USA, Inc. v. Am. Arbitration Ass'n, 128 S.W.3d 580 (Mo. Ct. App. 2004). “Section 435.440 specifically governs the appealability of arbitration awards; and therefore, we apply that statute to the instant case.”

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