512.070. Notice to specify what — duties of clerk on filing of appeal. — 1. The notice of appeal shall specify the parties taking the appeal; shall designate the judgment or order appealed from; and shall name the court to which the appeal is taken.
2. Notification of the filing of the notice of appeal shall thereupon be given by the clerk of the trial court by mailing copies thereof by registered mail to all the parties to the judgment other than the party or parties taking the appeal, but his failure so to do does not affect the validity of the appeal. The notification to a party shall be given by mailing a copy of the notice of appeal to his attorney of record or, if the party is not represented by an attorney, then to the party at his last known address, and such notification is sufficient notwithstanding the death of the party or of his attorney prior to the giving of the notification. At the same time the clerk shall mail a copy of the notice of appeal to the clerk of the appellate court together with a docket fee deposited by appellant. The clerk shall note in a memorandum filed in the cause the names of the parties to whom he mails the copies, with date of mailing.
Notes of Decisions
Moore ex rel. Moore v. Bi-State Dev. Agency, 87 S.W.3d 279 (Mo. Ct. App. 2002).
· cites it 4× “Additionally, Section 512.070 provides that at the same time the trial court clerk notifies the parties of the filing of a notice of appeal, "the clerk shall mail a copy of the notice of appeal to the clerk of the appellate court together with a docket fee deposited by appellant.”
State v. Amsden, 299 S.W.2d 498 (Mo. 1957).
· cites it 2× “The notice of appeal contemplated by it and § 512.070 is not one to be given by the circuit clerk, as in this case, but rather one signed iby the party appealing or his attorney.”
Freeman v. De Hart, 303 S.W.2d 217 (Mo. Ct. App. 1957).
· cites it 3× “The copy of the notice of appeal, sent to the Supreme Court pursuant to the provisions of Section 512.070 RSMo 1949, V.A.M.S, recites that the appeal is from the order and judgment entered on the 19th of March, 1956.”
Smith v. Smith, 721 S.W.2d 782 (Mo. Ct. App. 1986).
“Appellant further suggests that the enactment of former § 512.070 in 1943 changed the law. We do not agree.”
Logsdon v. Duncan, 316 S.W.2d 488 (Mo. 1958).
· cites it 2× “At the outset we are confronted with Duncan’s motion to dismiss Logsdon’s appeal for the stated reason that his notice of appeal “does not designate the judgment or order of the Court from which he seeks to appeal, as required by Section 512.”
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