534.380. Judgment stay for appeals. — Applications for appeals shall be allowed and conducted in the manner provided as in other civil cases. Application for appeal shall not stay execution for restitution of the premises unless the defendant gives bond within the time for appeal. The bond shall be for the amount of the judgment and with the condition to stay waste and to pay all subsequently accruing rent, if any, into court within ten days after it becomes due, pending determination of the appeal, subject to the judge's discretion. However, in any case in which the defendant receives a reduction in rent due to a local, state or federal subsidy program, the amount of the bond shall be reduced by the amount of said subsidy. Execution other than for restitution shall be stayed if the defendant files a bond in the proper amount at such time as otherwise provided by law.
Notes of Decisions
Fannie Mae v. My Quang Truong, 361 S.W.3d 400 (Mo. 2012).
· cites it 10× “After entry of judgment in an unlawful detainer action, section 534.380 provides, "Applications for trials de novo and appeals shall be allowed and conducted in the manner provided in chapter 512, RSMo.”
First Sav. Bank, F.S.B. v. Whitley, 751 S.W.2d 60 (Mo. Ct. App. 1987).
· cites it 14× “In summary, respondent’s motion alleges that this court is without jurisdiction to entertain this appeal because appellant has failed to file the bond required by § 534.380, RSMo 1986. That statute reads as follows: 534.”
Walker v. Brownel, 375 S.W.3d 259 (Mo. Ct. App. 2012).
· cites it 2× “180 controls appeals from civil cases tried before an associate circuit judge and, depending upon the action of the underlying case, the statute sets out the aggrieved party’s avenues of redress.”
Champlin Petroleum Co. v. Brashears, 592 S.W.2d 545 (Mo. Ct. App. 1979).
· cites it 3× “The same subject matter is currently covered by Section 534.380, RSMo 1978. 2 . Effective January 2, 1979, that section was amended to grant the Supreme Court exclusive appellate jurisdiction in all cases “involving the validity .”
Ortega v. Ortega, 695 S.W.2d 162 (Mo. Ct. App. 1985).
· cites it 5× “The court found in plaintiff’s favor and set an appeal bond of $100 per month pursuant *163 to § 534.380. 1 Defendant Josephine Ortega, plaintiff’s former wife, failed to file the bond, and the circuit court dismissed her application for trial de novo for lack of jurisdiction.”
Wells Fargo Bank, N.A. v. Smith, 392 S.W.3d 446 (Mo. 2013).
“The Smiths vacated the home, but sought a trial de novo pursuant to sections 534.380 and 512.180. In the de novo proceedings on Wells Fargo’s unlawful detainer claim, Wells Fargo again moved for summary judgment.”
Quirk v. Sanders, 673 S.W.2d 850 (Mo. Ct. App. 1984).
· cites it 4× “(3)If § 534.380 RSMo 1978 is constitutional, jurisdictional and applicable to appeals to intermediate courts of appeal, then, its requirement for a bond is only justified if the Sanders were in possession of the property in issue at the time this appeal was to be perfected.”
Kiefer v. First Capitol Sports Ctr., Inc., 684 S.W.2d 483 (Mo. Ct. App. 1984).
· cites it 2× “However, this appellate process has remained substantially the same by the enactment of § 534.380 RSMo 1978, which refers the appellant to Chapter 512.”
Kohnen v. Hameed, 894 S.W.2d 196 (Mo. Ct. App. 1995).
“RSMo § 534.380 (1986). RSMo § 512.180 (1986) controls appeals from cases tried before associate circuit judges.”
Whispering Lakes Apts. v. Brooks, 156 S.W.3d 362 (Mo. Ct. App. 2004).
· cites it 4× “Section 534.380 RSMo (Cum.Supp.2003). 1 Appeals from cases tried before associate circuit judges are governed by section 512.”
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