If someone loses a court case about being removed from a home or property and wants to appeal, they have to put up a bond (a kind of money guarantee) within ten days of the judge's decision. That bond has to cover any damages, costs, and rent already owed. While the appeal is going on, the person also has to pay any new rent into the court within ten days of when it comes due, and they have to agree not to damage the property. If the losing side posts this bond, they get to stay in the property while waiting for the appeal to be decided.
Note: Courts have held this law unconstitutional as applied to people who cannot afford the required bond (1978).
535.110. s, to furnish to — additional conditions. — s for trials and appeals shall be allowed and conducted in the manner provided in chapter 512; but no application for a or an appeal shall stay execution unless the defendant give bond, with sufficient to secure the payment of all , and rent then due, into court within ten days after an of the by the , all other of law to the contrary . Additional conditions of the shall be to and to pay all subsequently rent, if any, into court within ten days after it becomes due, pending of the trial de novo or appeal. for the purposes of restoring shall be pending an appeal if the losing posts a sufficient appeal bond.
(RSMo 1939 § 3002, A.L. 1945 p. 1107, A.L. 1978 H.B. 1634, A.L. 1983 H.B. 175, A.L. 1985 S.B. 5, et al., A.L. 1986 S.B. 741, A.L. 2014 H.B. 1410 with S.B. 655, A.L. 2016 H.B. 1862, A.L. 2018 S.B. 581)
Prior revisions: 1929 § 2615; 1919 § 6909; 1909 § 7912
(1978) Held, requirement for statutory appeal bond is when applied to an but is proper as a prerequisite to a . Rice v. Lucas (Mo.), 560 S.W.2d 850.
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.