SB 268
Modifies provisions relating to the transfer of appeals
Sponsor:
LR Number:
0536S.01I
Last Action:
2/4/2021 - Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee
Journal Page:
Title:
Calendar Position:
Effective Date:
August 28, 2021

Current Bill Summary

SB 268 - Currently, any person aggrieved by a judgment in a civil case tried without a jury before an associate circuit judge shall have the right of a trial de novo in all cases tried before a municipal court, actions in small claims court, or landlord-tenant actions. This act provides that any person aggrieved by a final judgment in a civil case summarily or involuntarily, with prejudice, or tried without a jury, before an associate circuit judge and in all cases disposed of summarily or involuntarily, with prejudice, or tried without a jury, before a municipal court, cases in small claims court, forcible entry and unlawful detainer actions, and landlord-tenant actions shall have the right of a trial de novo or a direct appeal upon the record to the appropriate appellate court.

Additionally, this act provides that appeals shall go directly to the court or district having jurisdiction in all proceedings reviewable on appeal by trial de novo by the Supreme Court or a Court of Appeals. Further, this act provides that want of jurisdiction shall not be grounds for dismissal and the proceeding shall be transferred to the circuit or appellate court having jurisdiction. An original action filed in a court lacking jurisdiction or venue shall be transferred to the appropriate court.

KATIE O'BRIEN

Amendments

No Amendments Found.