512.060. Appeal by special order of court. — 1. When an appeal is permitted by law from a final judgment in the trial court, but the time prescribed for filing the ordinary notice of appeal with the clerk of the trial court as set forth in section 512.050 has expired, nevertheless a party seeking reversal of such final judgment may file a notice of appeal in the trial court, within six months from the date of such final judgment, if permitted to do so by a special order of the appropriate appellate court. The special order may be allowed by the appellate court, upon motion and notice to adverse parties, and upon a showing by affidavit, or otherwise, that there is merit in appellant's claim for the special order and that the delay was not due to appellant's culpable negligence. When notified of the issuance of a special order by the appellate court the clerk of the trial court in which the final judgment was entered shall permit the appellant to file a notice of appeal and the appellant shall then proceed to prepare the transcript on appeal as if the appeal had been allowed without a special order.
2. When an appeal is taken after a special order the power to issue a stay is lodged exclusively in the appellate court, which may in its discretion decline to issue a stay or may issue a stay upon such terms with respect to a supersedeas bond as may be appropriate, and in general accord with section 512.080. The supersedeas bond shall be filed in the trial court and the sureties therein shall be subject to the jurisdiction of the trial court as indicated in section 512.100. If a final judgment in the trial court is reversed or modified by the appellate court such reversal or modification shall not affect the rights of any person, not a party to such a suit, acquired in good faith after expiration of the time prescribed for taking an appeal without a special order, but before the filing of the notice of appeal by special order.
Notes of Decisions
Cited in
19
cases, 1951–2016 · leading case:
Barney v. Suggs, 688 S.W.2d 356 (Mo. 1985).
Barney v. Suggs, 688 S.W.2d 356 (Mo. 1985).
· cites it 8× “Section 512.060, RSMo 1978, however, authorizes an untimely appeal by special leave of the appellate court within six months after the judgment becomes final.”
Spicer v. Donald N. Spicer Revocable Living Trust, 336 S.W.3d 466 (Mo. 2011).
· cites it 3× “Although not applicable here, in civil cases, a party may seek a special order, pursuant to section 512.060, RSMo 2000 and Rule 81.07(a), permitting a late filing of the notice of appeal within six months from the date the judgment appealed from becomes final.”
Holmes v. Navajo Freight Lines, Inc., 488 S.W.2d 311 (Mo. Ct. App. 1972).
· cites it 6× “07) and Section 512.060' V.A.M.S., which are identical except except for the reference in the rule to Rule 81.”
Porter v. Emerson Elec. Co., 895 S.W.2d 155 (Mo. Ct. App. 1995).
· cites it 3× “07 and Section 512.060 Y.A.M.S. cannot be made to apply in such proceedings without specific legislative authority.”
State v. Robbins, 269 S.W.2d 27 (Mo. 1954).
· cites it 4× “If notice of appeal is not timely filed in a civil case, the only remedy is an appeal by special order under Section 512.060 within 6 months from the date of final judgment.”
Franklin v. Franklin, 344 S.W.2d 282 (Mo. Ct. App. 1961).
· cites it 5× “) Section 512.060 RSMo 1949, V.A.M.S. (now Rule 82.”
Byers v. Zuspann, 257 S.W.2d 384 (Mo. Ct. App. 1953).
· cites it 3× “, except where the ten days have expired, and the filing of a notice of appeal within six months from the date of final judgment, has been permitted by special order of the appropriate appellate court, Section 512.”
State v. La Driere, 273 S.W.2d 776 (Mo. Ct. App. 1954).
· cites it 3× “Section 512.060 RSMo 1949,. V.A.M.S. On the contrary, and although she appeared in court two months and seventeen days after entry of the decree, she selected this extraordinary proceeding to present her complaints, waiting until July 7, 1954, to institute it.”
State v. Warren, 344 S.W.2d 88 (Mo. 1961).
· cites it 3× “The notice of appeal was therefore filed more-than ten days after the “motion for rehearing” was overruled. Thére is- nothing in the transcript or records of this Court tending to show that this notice of appeal was filed pursuant to a special order of this-Court under Section…”
Tucker v. Miller, 253 S.W.2d 821 (Mo. 1953).
· cites it 2× “" However, under § 512.060, if the ordinary notice of appeal from a final judgment is not timely filed with the clerk of the trial court as provided in § 512.”
Thomas v. Com. Credit Corp., 335 S.W.2d 703 (Mo. Ct. App. 1960).
· cites it 2× “Thereafter, defendant filed in this court a motion seeking a special order allowing an appeal from the judgment as authorized by Section 512.060, V.A.M.S. 1949. We found that there was merit in defendant’s claim for special order and that the delay was not due to defendant’s…”
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