535.110. Appeals, defendant to furnish bond to stay execution — additional conditions. — Applications for trials de novo and appeals shall be allowed and conducted in the manner provided in chapter 512; but no application for a trial de novo or an appeal shall stay execution unless the defendant give bond, with security sufficient to secure the payment of all damages, costs and rent then due, into court within ten days after an entry of the judgment by the trial court, all other provisions of law to the contrary notwithstanding. Additional conditions of the appeal bond shall be 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 trial de novo or appeal. Execution for the purposes of restoring possession shall be stayed pending an appeal if the losing party posts a sufficient appeal bond.
Notes of Decisions
Cited in
17
cases (
1 in the last 5 years), 1969–2022 · leading case:
Farinella v. Croft, 922 S.W.2d 755 (Mo. 1996).
Farinella v. Croft, 922 S.W.2d 755 (Mo. 1996).
· cites it 12× “" § 535.110, RSMo 1994. If all rent and possession petitions following the statutory language were too open-ended to qualify for trial de novo regardless of the amount in controversy, the legislature would not have included trial de novo provisions in section 535.”
Brainchild Holdings, LLC v. Cameron, 534 S.W.3d 243 (Mo. 2017).
· cites it 7× “Cameron’s question about the constitutional validity of section 535.110, RSMo Supp. 2014, as a result of the legislature’s removal of the trial de novo, need not be addressed here.”
Byrne v. Moore, 332 S.W.3d 864 (Mo. Ct. App. 2011).
· cites it 5× “On May 12th, Tenants filed a request for a trial de novo and a motion to stay execution pursuant to *866 § 535.110. 4 The motion asserted that: (1) Tenants were unable to pay the May rent by the 6th; (2) an execution had been issued on the judgment of possession; (3) Tenants…”
Champlin Petroleum Co. v. Brashears, 592 S.W.2d 545 (Mo. Ct. App. 1979).
· cites it 4× “The appeal was dismissed in the circuit court for failure to file an appeal bond as required by Section 535.110. The defendant tenant then further appealed to the Supreme Court on the ground that said statutory requirement was a denial of equal protection.”
Nickles v. Auntie Margaret Daycare, Corp., 829 S.W.2d 614 (Mo. Ct. App. 1992).
· cites it 4× “Further, under § 535.110 RSMo 1986, an appeal in a Chapter 535 landlord/tenant action will not “stay execution unless the defendant give bond, with security sufficient to secure the payment of all damages, costs and rent then due, and with condition to stay waste and to pay all…”
S.L. Motel Enter., Inc. v. East Ocean, Inc., 751 S.W.2d 114 (Mo. Ct. App. 1988).
· cites it 2× “1975), considered the validity of § 535.110 RSMo (1969). That statute had previously been construed as requiring a bond by a tenant before the circuit court acquired jurisdiction of the appeal, even though the tenant had surrendered possession of the premises.”
First Sav. Bank, F.S.B. v. Whitley, 751 S.W.2d 60 (Mo. Ct. App. 1987).
· cites it 5× “In Dixon , the Missouri Supreme Court was called upon to consider the constitutional validity of § 535.110, RSMo 1969. That statute, applicable to appeals from magistrate courts in a landlord/tenant action, had previously been construed as requiring a bond by a tenant before the…”
Lane v. State Comm. of Psychologists, 954 S.W.2d 23 (Mo. Ct. App. 1997).
· cites it 2× “Appellant filed a petition for review in the circuit court, pursuant to RSMo section 535.110. The trial court affirmed the decision of Committee.”
Dixon v. Davis, 521 S.W.2d 442 (Mo. 1975).
· cites it 3× “” It is provided in § 535.110 that appeals shall be allowed from judgments of magistrates, in all cases prosecuted under this chapter, in the manner provided by law for appeals in other civil cases; “but no appeal shall be allowed the defendant [tenant] unless he give bond, with…”
Holy Temple Homes, Ltd. v. West, 812 S.W.2d 202 (Mo. Ct. App. 1991).
· cites it 3× “Section 535.110, RSMo 1986, provides that applications for trials de novo and appeals in landlord-tenant actions are allowed in the manner provided in Chapter 512, RSMo.”
Duchek v. Carlisle, 735 S.W.2d 791 (Mo. Ct. App. 1987).
· cites it 4× “Tenant posted the remaining amount of the bond required under § 535.110 RSMo Cum.Supp.1984 (since amended) and continued to make periodic payments for rent into the court registry.”
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