Hammerschmidt v. Hardman

VICTOR C. HOWARD, JUDGE

Kevin Hammerschmidt appeals judgment of the trial court dismissing his medical malpractice action against Dr. Rex Hardman for failure to timely comply with the health care affidavit requirement of section 538.225, RSMo 2016. He claims that the affidavit requirement, as applied to him as an incarcerated, poor, pro se litigant is unconstitutional. Because Ham-merschmidt filed his notice of appeal out of time, the appeal is dismissed for lack of jurisdiction.

Hammerschmidt filed a motion for leave to file his notice of appeal out of time under Rule 81.07(a). On January 19,…