Any party to a suit aggrieved by any judgment of any trial court in any civil cause from which an appeal is not prohibited by the constitution, nor clearly limited in special statutory proceedings, may take his or her appeal to a court having appellate jurisdiction from any:
(1) Order granting a new trial;
(2) Order refusing to revoke, modify, or change an interlocutory order appointing a receiver or receivers, or dissolving an injunction;
(3) Order granting or denying class action certification provided that:
(a) The court of appeals, in its discretion, permits such an appeal; and
(b) An appeal of such an order shall not stay proceedings in the court unless the judge or the court of appeals so orders;
(4) Interlocutory judgments in actions of partition which determine the rights of the parties; or
(5) Final judgment in the case or from any special order after final judgment in the cause; but a failure to appeal from any action or decision of the court before final judgment shall not prejudice the right of the party so failing to have the action of the trial court reviewed on an appeal taken from the final judgment in the case.
RSMo 1939 § 1184, A.L. 1943 p. 353 § 126, A.L. 2004S.B. 1211
Final Judgments, Generally
Prior revisions: 1929 § 1018; 1919 § 1469; 1909 § 2038
(2000) There is an implied right to appeal from circuit court order creating fire protection district that excludes disputed land. Tipton Rural Fire Protection District v. Objectors, 34 S.W.3d 404 (Mo.App.W.D.).
(2003) Qualified domestic relations order comes within special order exception of section but requires denomination as a judgment or decree. Brooks v. Brooks, 98 S.W.3d 530 (Mo.banc).
