State v. Williams, 561 S.W.2d 448

PER CURIAM.

Appellant’s notice of appeal was filed in the office of the Pulaski County Circuit Clerk on July 16, 1977. Said notice alleged that the underlying judgment became final on July 13, 1977. An order waiving the docket fee was signed on July 26, 1977.

Rules 28.03 and 81.04 require that a notice of appeal be filed within ten days after the judgment becomes final. There can be no valid filing of a notice of appeal until the docket fee has been paid or waived. State v. Worl, 531 S.W.2d 294, 295(2) (Mo.App.1975). The last day to file the instant notice of appeal was July 23, 1977, and subsequent waiver of the docket fee does not bestow jurisdiction upon this court.

The appeal must be, and hereby is, dismissed.

All concur.

Case Details

Case Name: State v. Williams

Court Name: Missouri Court of Appeals

Date Published: Jan 19, 1978

Citations: 561 S.W.2d 448; 1978 Mo. App. LEXIS 2476; No. 10756

Docket Number: No. 10756

Court Abbreviation: Mo. Ct. App.