Gollehon v. Branson

Judgment for plaintiffs in the trial court was entered September 12, 1979, and on September 25, 1979, defendants, inter alia, filed their motion for a new trial. The after-trial motions were overruled December 21, 1979, thereby making the judgment final for purposes of appeal. Rule 81.05, V.A.M.R. As required by Rule 81.04, V.A. M.R., the notice of appeal should have been filed no later than Monday, December 31, 1979. However, defendants’ notice of appeal was not filed until Friday, January 4, 1980, or four days too late.

The filing of a timely notice of appeal is mandatory and jurisdictional.…