Davis v. Oaks, WD
| Court | Court of Appeal of Missouri (US) |
| Citation | 942 S.W.2d 464 |
| Docket Number | No. WD,WD |
| Parties | Tonya DAVIS, Respondent, v. John A. OAKS, Appellant. 52136. |
| Decision Date | 15 April 1997 |
Page 464
v.
John A. OAKS, Appellant.
Western District.
Page 465
Robert K. Ball, II, Adam G. North, Kansas City, for appellant.
Wm. H. Reynolds, Independence, for respondent.
Before ULRICH, C.J., P.J., and BRECKENRIDGE and HANNA, JJ.
BRECKENRIDGE, Judge.
The appellant, John Oaks, appeals from the order of the circuit court dismissing his application for a trial de novo, and the denial of his motion to set aside the order dismissing his application. Mr. Oaks filed an application for a trial de novo with the circuit court following the entry of a judgment against him in an associate division of the court. Mr. Oaks maintains that he is entitled to a trial de novo and requests this court to reverse the circuit court order and remand the case for a trial de novo. Because the petition filed in the associate division did not meet the statutory requirement for a trial de novo, Mr. Oaks' only remedy was to appeal from the associate circuit court's judgment to this court. The circuit court did not have jurisdiction over Mr. Oaks' application for a trial de novo, so it did not have jurisdiction to rule on the motion to dismiss, and its order was null and void. As this court cannot review a null and void order, the appeal is dismissed.
The respondent, Tonya Davis, initiated this case against Mr. Oaks in the Associate Division of the Circuit Court of Jackson County, Missouri by filing a petition against Mr. Oaks for assault which prayed for $25,000 in damages. The docket sheet from the associate division described the "nature of the action" as "ACJD Tort $5001-$25,000." A contested bench trial was held on February 6, 1995. The associate circuit judge took the matter under advisement and, on March 7, 1995, entered judgment in favor of Ms. Davis and against Mr. Oaks in the amount of $2,300 plus costs. Within the time allowed by law, Mr. Oaks applied to the circuit court for a trial de novo and the matter was eventually set for hearing on November 15, 1995. The record does not reflect the exact time the hearing was scheduled to occur on that date. Mr. Oaks' notes stated that the hearing was set for 1:30 p.m. Ms. Davis contends that both her counsel and the judge had noted the hearing was to begin at 1:00 p.m. The judge and Ms. Davis appeared at 1:00 p.m. Mr. Oaks did not appear at this time and, upon motion by Ms. Davis, the court dismissed Mr. Oaks' application for a trial de novo and reinstated in full the judgment of the associate division. Mr. Oaks claims to have appeared with counsel at 1:35 p.m., but the order dismissing his application had already been entered.
Mr. Oaks then filed a motion to set aside the dismissal claiming a valid defense to Ms. Davis' assault claim and that his failure to appear at 1:00 was the result of excusable neglect. The circuit court denied the motion on December 13, 1995. It is from this order and the order dismissing his application that Mr. Oaks filed his notice of appeal to this court on December 26, 1995.
Mr. Oaks asserts on appeal that the dismissal of his application for trial de novo for his failure to appear for trial at 1:00 p.m. on November 15, 1995, was an abuse of the circuit court's discretion and a violation of due process of law. Ms. Davis responds that Mr. Oaks was not entitled to a trial de novo following the associate circuit court judgment
Page 466
under § 512.180, RSMo 1994. 1 She argues that the circuit court lacked jurisdiction over...To continue reading
Request your trial
-
Sullivan v. Sullivan, WD 63620.
...void. As a result, we dismiss this point, as "there is nothing for an appeals court to review in a null and void order." Davis v. Oaks, 942 S.W.2d 464, 467 Point dismissed. Conclusion The circuit court's judgment of dissolution is affirmed, except with respect to its order declaring that in......
-
State v. Carter, WD 65463.
...without statutory sanction confers no authority upon an appellate court except to enter an order dismissing the appeal." Davis v. Oaks, 942 S.W.2d 464, 467 (Mo. App. W.D. 1997) (internal quotation marks omitted); McElroy, 976 S.W.2d at 44 (internal quotation marks omitted). Accordingly, the......
-
Utility Service and Maintenance, Inc. v. Noranda Aluminum, Inc., No. ED 82504 (MO 8/24/2004), ED 82504
...the absence of subject matter jurisdiction can be raised at any time, including, for the first time, on appeal. Davis v. Oaks, 942 S.W. 2d 464, 466 (Mo. App....
-
Knight v. Mo. Bd. of Prob. & Parole, WD 80454
...542 S.W.3d 334confers no authority upon an appellate court except to enter an order dismissing the appeal." Id. (quoting Davis v. Oaks , 942 S.W.2d 464, 467 (Mo. App. W.D. 1997) ).Accordingly, this appeal is dismissed.ConclusionBecause Knight failed to file a timely notice of appeal, we are......