State of Missouri, Respondent, v. Carolyn J. Miller, Defendant, and Robert Block, Surety/Appellant.
Decision date: UnknownED79473
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Opinion
This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: State of Missouri, Respondent, v. Carolyn J. Miller, Defendant, and Robert Block, Surety/Appellant. Case Number: ED79473 Handdown Date: 03/05/2002 Appeal From: Circuit Court of St. Louis County, Hon. William M. Corrigan Counsel for Appellant: Nick Zotos Counsel for Respondent: Robert P. McCulloch Opinion Summary: Robert Block appeals the court's order denying his motion to set aside default judgment on a bail bond. APPEAL DISMISSED. Division Two holds: The appeal is premature because the trial court's denial is not denominated as either a judgment or a decree as required by Rule 74.01(a). Popular Leasing USA, Inc. v. Universal Art Corp. of New York, 57 S.W.3d 875, 877-78 (Mo. App. E.D. 2001). Citation: Opinion Author: Mary K. Hoff, Judge Opinion Vote: APPEAL DISMISSED. Draper III, P.J. and Russell, J., concur. Opinion: Robert Block appeals the trial court's order denying his motion to set aside default judgment on a bail bond. Bail bond forfeiture proceedings, such as the one out of which this appeal arises, "are by nature civil actions . . . [and] any right to appeal is purely statutory and governed by the statutes and rules governing civil appellate procedure." State v. Johnson, 855 S.W.2d 466, 468 (Mo. App. E.D. 1993).
We dismiss the appeal as premature because the trial court's order is "not denominated either a 'judgment' or 'decree,' as required by Rule 74.01(a). As a result, this Court does not presently have appellate jurisdiction in the matter because we do not yet have a final judgment before us." Popular Leasing USA, Inc. v. Universal Art Corp. of New York, 57 S.W.3d 875, 877-78 (Mo. App. E.D. 2001) (addressing an order denying a motion to set aside a default judgment). Appeal dismissed. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.
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