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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 1611
Experience:  Run my own successful business/contract law practice.
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Filing out the Notice of Appeal form properly. My brother

Customer Question

Filing out the Notice of Appeal form properly.
My brother filed two motions with the court last week for relief of Judgement. based on judgment is void and judgment has been satisfied (Rule 74.06(b)); and fraud upon the court (Rule 74.06(d)). While the original judgment that started this mess is from 2011, both of these motion rules for relief have no time limitations in Missouri.
The judge took up the Motions under advisement, then overruled both last Thursday.
No explanation of why she overruled the motions. This wasn't a surprise since the judge has historically has not wanted to put her signature on anything or explain anything to the Pro Se. I suppose my brother can file a Motion for Clarification under MO Rule 73.01 to have the judge write a paragraph.
The problem I have today is the Notice of Appeal form has to be filed in 10 days, so this Sunday (probably Monday). I have done google searches, and I can find multiple MO appeal cases based on both rules. However, when I go over RSMO 512.020 - Who can appeal, I can't find how these denials of the Rule 74.06(b) and (d) were set up for appeal, under what rule/RMSO they qualified with the Appellate Court.
I know the Appellate Court is very picky about its application rules and judgments being out of time, hence I'm nervous about these two rules that do not have a time bar, and hence I need to know which items to cite in the notice to appeal form.
I need to know under what part of RSMO 512.020 or whatever, I can have my brother file an appeal motion if we decide to go forward with that.
Thanks.
Submitted: 2 years ago.
Category: Business Law
Expert:  socrateaser replied 2 years ago.
Hello again, Your question is simply too time consuming to answer in exchange for the minimal compensation provided by the website. Fee free to contact me offline, if you wish to discuss this further.
Customer: replied 2 years ago.

No problems.

Expert:  socrateaser replied 2 years ago.
Thanks for understanding.