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City of St. Louis v. Addison

Court of Appeals of Missouri, Eastern District, Second Division

March 10, 2015

CITY OF ST. LOUIS, Respondent,
v.
SCOTT ADDISON, Appellant

Appeal from the Circuit Court of the City of St. Louis 1222-CR06778. Honorable Michael W. Noble.

Scott Addison, APPELLANT, Pro se, St. Louis, MO.

FOR RESPONDENT: Rory Patrick Oâ Sullivan, St. Louis, MO.

Mary K. Hoff, Judge. Sherri B. Sullivan, Presiding Judge and Philip M. Hess, Judge, concur.

OPINION

Mary K. Hoff, Judge.

Page 441

Scott Addison (Addison) appeals from the circuit court's final order denying his two motions related to a previous order of the circuit court dismissing his application for trial de novo and remanding his case to the municipal court. We dismiss the appeal.[1]

Factual and Procedural Background

In August 2012, Addison was charged by information with violating Section 22.18.010 of the Revised Code of the City of St. Louis (the City). The information alleged that Addison had violated the City's parks curfew ordinance, a misdemeanor. The information instructed Addison to appear before the municipal division of the City's circuit court. The municipal division later found Addison guilty and ordered him to pay a fine plus court costs. Addison filed a timely application for trial de novo with the circuit court. The circuit court set the trial de novo for January 25, 2013.

Page 442

On January 7, 2013, Addison filed a motion for continuance requesting the circuit court to postpone his trial de novo because Addison planned to be travelling to an out-of-state family event during the same week of his trial de novo. On January 25, 2013, the date initially set for the trial de novo, counsel for the City appeared before the circuit court, but Addison failed to appear. The circuit court then granted Addison's motion for continuance but ordered that " no further defense continuances will be granted without showing of good cause." The circuit court rescheduled the case for February 21, 2013.

On February 21, 2013, a snowstorm caused the circuit court to close. When Addison arrived at the courthouse and learned the court was closed, he obtained a date-stamped copy of the docket sheet listing his case in an effort to confirm that he had attempted to appear. Addison also spoke with a police officer inside the courthouse, who stated that his court date would be reset. Several days later, the circuit court entered its order continuing Addison's case to March 14, 2013, " [d]ue to weather related snow day."

On March 14, 2013, the circuit court called Addison's case. The attorney for the City appeared, but Addison failed to appear. The court thereafter entered its order dismissing Addison's trial de novo appeal of the municipal court's judgment and remanded the case to the municipal court for " the original disposition and fine to be reinstated."

Several months later, in September 2013, Addison received a demand for payment and summons to appear before the City's municipal court. In October 2013, at a hearing before the municipal court, Addison stated that he had not known about the circuit court's dismissal of his trial de novo appeal and remand to the municipal court. ...


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