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A Missouri appellate court has reiterated that a notice of appeal of an order denying a motion to compel arbitration must be filed within ten days of the trial court's order to be considered timely under Missouri law.
In Hershewe v. Alexander, No. 28781, 2008 WL 4427519 ( Mo. Ct. App. Oct. 2, 2008), Martinez moved to dismiss Hershewe's claim, or, in the alternative, to stay and compel arbitration of the claim in accordance with the parties' alleged agreement. The trial court denied Martinez's motion. On October 16, 2007, over eight months after the trial court denied his motion, Martinez filed a notice of appeal.
The Court held that Martinez's notice was not timely due to his failure to file a notice of appeal within ten days of the motion's denial on February 7, 2007. While the Court acknowledged that Mo. Stat. § 512.020 would ordinarily provide Martinez with a more liberal time period in which to file the notice, the Court found the specific provision for appeal of orders denying motions to compel arbitration in Mo. Stat. § 435.440 controlled here and took priority over the general provisions in § 512.020.
Because Martinez's failure to appeal the order within 10 days as provided in § 435.440 rendered the notice of appeal untimely, the Court dismissed his appeal.
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