Section 535

Citation: Section 535
Parent Document: Younker v. Investment Realty, Inc., 461 S.W.3d 1 (2015)
Jurisdiction: Missouri (state)
Effective Date: 2015-02-20
Original Source: https://www.courtlistener.com/opinion/5445505/younker-v-investment-realty-inc/ ↗

Full Text

1,921 chars

“ ‘The right to appeal is purely statutory and, where a statute does not give a right to appeal, no right exists.’ ” Coca-Cola Co., 249 S.W.3d at 859 (quoting Riverside —Quindaro Bend Levee Dist. v. Intercont’l Eng’g Mfg., 121 S.W.3d 531, 532 (Mo. banc 2003), and citing Rule 81.01). The scope of Rule 84.035 must be read in context with the statutory authorization for a permissive interlocutory appeal in section 512.020(3), as implemented by Rule 52.08, of an interlocutory trial court order granting or denying class certification. Rule 52.08(c)(1) requires that “[a]s soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it is to be so maintained.” Such an order is interlocutory until a decision is *13made on the merits of the case. See Rule 52.08(e)(1) (“An order under this Rule 52.08(c)(1) may be conditional and may be altered or amended before the decision on the merits.”). Section 512.020(3) and Rule 52.08(f) function to create the potential for an interlocutory appeal from an interlocutory order granting or denying class certification. Coca-Cola Co., 249 S.W.3d at 859. Nothing in either indicates that they function to impinge upon or foreclose any other statutorily granted right to appeal. In that context, the purpose of Rule 84.035 is to set forth the procedural manner in which a section 512.020(3) and Rule 52.08(f) interlocutory appeal is to be taken. Rule 84.035, therefore, does not impinge upon or foreclose any other statutorily created avenues of review, such as an appeal as a matter of right of a final judgment created by section 512.020(5). We conclude that Rule 84.035(j) only applies to the procedure for seeking review of an interlocutory order granting or denying class certification and has no application in the context of an appeal of a final judgment as a matter of right as granted by section 512.020(5).

Other Sections in This Document (77)

Full Text