512.050. Notice of appeal — when filed — court reporter to be paid, when. — When an appeal is permitted by law from a trial court and within the time prescribed, a party or his agent may appeal from a judgment or order by filing with the clerk of the trial court a notice of appeal. No such appeal shall be effective unless the notice of appeal shall be filed not later than ten days after the judgment or order appealed from becomes final. All charges due to the court reporter for preparation of the transcript of the record of the trial court shall be paid within ten days of the ordering of the transcript. In the event that actual charges due for the preparation of the transcript cannot be readily determined, a deposit in the amount of the estimated charges due for preparation of the transcript shall be paid within ten days of the written notification by the court reporter of the amount of such estimated charges. The court reporter shall provide such written notification within ten days of any request for transcript. After a timely filing of such notice of appeal, failure of the appellant to take any of the further steps to secure the review of the judgment or order appealed from does not affect the validity of the appeal, but is ground for such action as the appellate court deems appropriate, which may include dismissal of the appeal.
Notes of Decisions
Barney v. Suggs, 688 S.W.2d 356 (Mo. 1985).
· cites it 6× “Section 512.050, RSMo 1978 provides in pertinent part as follows: No such appeal shall be effective unless the notice of appeal shall be filed not later than ten days after the judgment or order appealed from becomes final.”
Labrier v. Anheuser Ford, Inc., 621 S.W.2d 51 (Mo. 1981).
· cites it 4× “This Court granted transfer and will consider the cause as if on original appeal. Mo.Const. art. V, § 10. An appeal is a right conferred by statute.”
Manzella v. Gilbert-Magill Co., 965 S.W.2d 221 (Mo. Ct. App. 1998).
· cites it 8× “In its motion, Gilbert-Magill contends that this court should dismiss the Manzellas’ appeal because the Manzellas failed to pay the court reporter’s fees for preparing the transcript within the time allotted by § 512.050, RSMo Cum. Supp.1996. Section 512.”
Carothers v. Carothers, 337 S.W.3d 21 (Mo. 2011).
· cites it 6× “04(a); section 512.050, RSMo 2000). After this Court's decision in Crow, the court of appeals held that a stayed order of commitment is not final and appealable because the judgment in such a case is only a threat to enforcement.”
In Re The Marriage Of Anthony Long v. Eliza Machado Long, 469 S.W.3d 10 (Mo. Ct. App. 2015).
· cites it 8× “Mother argues that Father’s notice of appeal is untimely because it was filed more than ten days after the Contempt Judgment became final upon Father’s actual incarceration on April 10, 2014.”
C & F Investments, LLC v. Hall, 149 S.W.3d 557 (Mo. Ct. App. 2004).
· cites it 7× “190, the legislature would have "explicitly so provided, as was done in Section 512.050 RSMo 1986, ... which provides that the docket fee must be paid at the time a notice of appeal to an appellate court is filed.”
Nilges v. Nilges, 610 S.W.2d 58 (Mo. Ct. App. 1980).
· cites it 3× “The point relies on charges of an abuse of discretion on the part of the trial court in making an allowance of maintenance to the petitioner because she had sufficient property and income to meet her own reasonable needs; she was employed and had earnings on a part-time basis.”
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