477.080. Appeal to wrong court — transfer of cause. — 1. In the event of any case being sent from a lower court on appeal or writ of error to the wrong district of the court of appeals or the supreme court, it shall be the duty of the court to which the case has thus been sent, immediately on such fact coming to its attention, to direct its clerk to forward the transcript therein, with the order of transfer, to the clerk of the proper district of the court of appeals.
2. And in the event of any case being sent improperly on appeal or writ of error from a lower court to any district of the court of appeals when the same should have been sent to the supreme court, it shall be the duty of such district of the court of appeals, immediately on such fact coming to its attention, to order the transfer of the same to the supreme court by its clerk, who shall at once send the same to the clerk of the supreme court, accompanied by a copy of the order. On the receipt of the record by the proper clerk, he shall at once file the same in his office, and the case shall be proceeded with in the court to which it is transferred, as if the same had gone there directly from the trial court.
Notes of Decisions
Cited in
29
cases (
3 in the last 5 years), 1952–2025 · leading case:
Taney Cnty. v. Addington, 296 S.W.2d 129 (Mo. Ct. App. 1956).
Taney Cnty. v. Addington, 296 S.W.2d 129 (Mo. Ct. App. 1956).
· cites it 3× “” Accordingly, the clerk of this court is directed to transfer this cause forthwith (Section 477.080, RSMo 1949, V.A.M.S.], together with a copy of this order, to the clerk of the Supreme Court of Missouri.”
State Ex Rel. Webb v. Pigg, 249 S.W.2d 435 (Mo. 1952).
· cites it 2× “030 (2), with reference to filing and handling of opinions of the court; Section 477.080 (2), with reference to the forwarding or receiving cases transferred from other appellate courts; Section 477.”
Hammonds v. Hammonds, 289 S.W.2d 903 (Mo. Ct. App. 1956).
· cites it 3× “2d 39 ], and the Clerk of this court is directed to transfer this cause forthwith [Section 477.080, RSMo 1949, V.A.M.S.], together with a copy of this order, to the Clerk of the Supreme Court.”
Triller Ex Rel. Triller v. Hellwege, 374 S.W.2d 104 (Mo. 1963).
· cites it 2× “Section 477.080, V.A.M.S., provides that in the event a case is improperly sent on appeal from a lower court to a court of appeals when the same should have been sent to the Supreme Court it is the duty of the court of appeals to transfer it to the Supreme Court, and the case…”
Morrow v. Caloric Appliance Corp., 362 S.W.2d 282 (Mo. Ct. App. 1962).
· cites it 2× “Accordingly, the clerk of this court is directed to transfer this cause forthwith [Section 477.080], together with a copy of this opinion and order, to the clerk of the Supreme Court of Missouri.”
Farris v. Hendrichs, 410 S.W.2d 97 (Mo. Ct. App. 1966).
· cites it 2× “Section 477.080, V.A.M.S.; Art. V, § 11, Mo.”
McCrory v. Brinckmann, 379 S.W.2d 882 (Mo. Ct. App. 1964).
· cites it 3× “Accordingly, the cause is ordered to be transferred forthwith to the Supreme Court as prescribed by Section 477.080(2), RSMo. (1959), V.A.M.S.”
Winslow v. Sauerwein, 272 S.W.2d 836 (Mo. Ct. App. 1954).
· cites it 2× “442 , that the statute, directing the appellate court to which an appeal is improperly-sent to cause the transcript to be forwarded to the proper appellate court (now § 477.080 RSMo 1949, V.A.M.S.) did not apply to special appeals granted by appellate judges but should be…”
Domyan v. Dornin, 348 S.W.2d 360 (Mo. Ct. App. 1961).
“§ 477.080], together with a copy of this order, to the Clerk of the Supreme Court.”
Eilers v. Alewel, 393 S.W.2d 584 (Mo. 1965).
“) nor the respondents’ ill-advised motion to dismiss the appeal or their motion to transfer to an appellate court (RSMo 1959, § 477.080, V.A.M.S.) meets the standards of the rules and statutes relating to briefs or jurisdictional statements and neither party has cited a single…”
Hampton v. Gilmore, 511 S.W.2d 442 (Mo. Ct. App. 1974).
“, and § 477.080, subd. 1, V.A.M.S., Laws 1973, p.”
Mo. Rev. Stat. § 477.080(2): 1 case
McCrory v. Brinckmann, 379 S.W.2d 882 (Mo. Ct. App. 1964).
“Accordingly, the cause is ordered to be transferred forthwith to the Supreme Court as prescribed by Section 477.080(2), RSMo. (1959), V.A.M.S.”
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