section 535

Citation: section 535
Parent Document: MICHAEL YOUNKER, BRAD NECKERMANN, ADAM CHADEK, and AMANDA CHADEK v. INVESTMENT REALTY, INC., MICHAEL WOESSNER, LINDA WOESSNER, CURTIS D. BAXTER, SARAH BAXTER, and WILLIAMSBURG APARTMENTS, INC., Defendants-Respondents. (2015)
Jurisdiction: Missouri (state)
Effective Date: 2015-02-20
Original Source: https://www.courtlistener.com/opinion/2780934/michael-younker-brad-neckermann... ↗

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   “The statute and the rule authorize a new interlocutory appeal regarding class certification[.]” State ex rel. Coca-
Cola Co. v. Nixon, 249 S.W.3d 855, 859 (Mo. banc 2008). They “do not permit an appeal of certification orders as
of right; they merely create the potential for an appeal.” Id.
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   As pertinent here, section 512.020 provides:
          Any party to a suit aggrieved by any judgment of any trial court in any civil cause from which an
          appeal is not prohibited by the constitution, nor clearly limited in special statutory proceedings,
          may take his or her appeal to a court having appellate jurisdiction from any:
          ****
          (3) Order granting or denying class action certification provided that:
          (a) The court of appeals, in its discretion, permits such an appeal; and
          (b) An appeal of such an order shall not stay proceedings in the court unless the judge or the court
          of appeals so orders;
          ****
          (5) Final judgment in the case or from any special order after final judgment in the cause; but a
          failure to appeal from any action or decision of the court before final judgment shall not prejudice
          the right of the party so failing to have the action of the trial court reviewed on an appeal taken
          from the final judgment in the case.

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