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Factual Background:

Decedent died on August 26, 2008.  Respondent Denton was appointed as personal representative of his estate.  On May 29, 2009, the Department filed a claim against the estate.  Ms. Denton then filed an objection to the claim on June 23, 2009.  The Department filed its opposition to the objection on July 1, 2009.  On July 7, 2009, the circuit court denied the claim on the basis that it was time-barred.  On July 14, 2009, the Department filed a Motion to Set Aside Denial.

Cole County Circuit Court, J. Beetem, Held:

The circuit court denied the Motion to Set Aside Denial on July 21, 2009.  The Department then filed its Notice of Appeal on July 31, 2009.

Court of Appeals, J. Ahuja, Held:

Appeal dismissed.  The circuit court’s July 7, 2009 order was immediately appealable under section 472.160.1 since it related to the allowance of any claim exceeding one hundred dollars.  Section 472.180 provides that all appeals shall be taken within the time prescribed the rules of civil procedure.  Rule 81.04(a) provides that a notice of appeal must be filed no later than 10 days after the judgment becomes final.  Rule 81.05(a)(1) declares that judgments do not become final until thirty days after their entry, but the court has held that Rule 81.05 does not apply to interlocutory probate orders appealable under 472.160.1(1)-(13).  Thus, in order to have properly appealed the denial of its claim, the Department was required to file a Notice of Appeal within ten days of that denial.  Here, the claim was denied on July 7, but its Notice of Appeal was not filed until July 31, more than ten days later, so the Department accordingly waived its right to an immediate interlocutory appeal of the trial court’s ruling.  Although the Department failed to take advantage of its right to an interlocutory appeal, it may still appeal the matter following final settlement or disposition of the proceeding.