Any “aggrieved” party to a final judgment may appeal. Section 512.020, RSMo. To be “aggrieved,” certain requirements must be present. The judgment must “operate prejudicially and directly on the party’s personal or property rights or interests, and such effect must be immediate, not merely a possible remote consequence.” Bi-State Development Agency of Missouri-Illinois Metropolitan Dist….
Legal Articles
General Remand versus Remand With Instructions
If an appeal is successful, then a court of appeals will often remand the case back to the trial court. To “remand” generally means to send something back. There are two types of remand: (1) a general remand and a (2) remand with instructions. A general remand provides no specific directions to the trial court…
Motions to Intervene, Final Judgments
In Missouri, a party can intervene in a lawsuit as of right or permissibly. Each has specific requirements. Only “final judgments” — those resolving all issues in a lawsuit — can be appealed. Motions to intervene can affect the finality of judgments in relation to appeals. Judgments do not rule on motions sub silentio. Howe v….
Appealing Denial of Motion for Summary Judgment
A summary judgment is when one party prevails in a lawsuit without going through a trial. There are two general requirements. First, there must be no dispute over materials facts. Second, based on those undisputed material facts, one party must legally be entitled to judgment. When a motion for summary judgment is denied, a trial…
Appeal of Consent Judgments
A consent judgment is where all parties to a lawsuit agree to a judgment that the Court signs and executes. It is not a determination of rights. It is, instead, a recital of an agreement, and thus not ordinarily appealable. Rosemann v. Roto-Die Co., Inc., 947 S.W.2d 507, 510 (Mo. Ct. App. 1997). The only…
Evidence: Lack of Foundation
Whether it be at a deposition or at trial, objections for “lack of foundation” are one of the more common objections. But what does it mean? An objection based on lack of foundation usually means that the evidence or document lacks authentication, identification, logical relevance, or legal relevance. Kappel v. Prater, 599 S.W.3d 196 fn…
Instructional Error Challenges, Disjunctive Jury Instructions
In jury trials, a challenge to the propriety of a jury instruction is a question of law. First State Bank of St. Charles, Missouri v. Frankel, 86 S.W.3d 161, 173 (Mo. Ct. App. 2002). On appeal, an appellate court will not reverse a jury verdict due to claimed instruction error — unless the error was…
Notices of Hearing on Motions
Unless otherwise ordered by a court, a written motion, and notice of hearing of that motion, must be filed and served at least five days before it is heard and argued. See Rule 44.01(d). “[T]he purpose of Rule 44.01(d) is to provide the notified party with an opportunity to be heard.” Allen ex rel. Allen…
Erroneously Declare or Apply the Law
When appealing a bench trial, a higher court may overturn a trial court’s judgment after a judge-tried case if the trial court erroneously declares or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. 1976). Stated differently, a trial court commits reversible error in its judgment if it (1) misstates the applicable legal…
Appeal, Remand, Law of the Case
If a civil case is successfully appealed, and the appellate court remands (i.e., sends back down to the trial court for further proceedings), the findings and determinations of the court of appeals may constitute the “law of the case.” The “law of the case” doctrine applies to “successive adjudications involving the same issues and facts.”…