512.060. Appeal by special order of court. - Missouri Statutes

Appeal by special order of court.

512.060. 1. When an appeal is permitted by law from a finaljudgment in the trial court, but the time prescribed for filingthe ordinary notice of appeal with the clerk of the trial courtas set forth in section 512.050 has expired, nevertheless a partyseeking reversal of such final judgment may file a notice ofappeal in the trial court, within six months from the date ofsuch final judgment, if permitted to do so by a special order ofthe appropriate appellate court. The special order may beallowed by the appellate court, upon motion and notice to adverseparties, and upon a showing by affidavit, or otherwise, thatthere is merit in appellant's claim for the special order andthat the delay was not due to appellant's culpable negligence.When notified of the issuance of a special order by the appellatecourt the clerk of the trial court in which the final judgmentwas entered shall permit the appellant to file a notice of appealand the appellant shall then proceed to prepare the transcript onappeal as if the appeal had been allowed without a special order.

2. When an appeal is taken after a special order the powerto issue a stay is lodged exclusively in the appellate court,which may in its discretion decline to issue a stay or may issuea stay upon such terms with respect to a supersedeas bond as maybe appropriate, and in general accord with section 512.080. Thesupersedeas bond shall be filed in the trial court and thesureties therein shall be subject to the jurisdiction of thetrial court as indicated in section 512.100. If a final judgmentin the trial court is reversed or modified by the appellate courtsuch reversal or modification shall not affect the rights of anyperson, not a party to such a suit, acquired in good faith afterexpiration of the time prescribed for taking an appeal without aspecial order, but before the filing of the notice of appeal byspecial order.

(L. 1943 p. 353 § 130)