§ 116.710.Right to appeal; Motion to vacate

Section 116.710(a) states one of small claims court’s defining trade-offs: the plaintiff has no right to appeal the judgment on the plaintiff’s own claim. A plaintiff who filed the case accepted a final, no-appeal forum from the outset, consistent with the notice § 116.320(c) requires on the claim form. The one exception is narrow — a plaintiff who did not appear at the hearing may file a motion to vacate under § 116.720, rather than an appeal.

Subdivision (b) gives the defendant a genuine right to appeal the plaintiff’s claim, and gives the plaintiff a right to appeal a defendant’s counterclaim, both to the superior court in the county where the case was heard. Subdivision (c) extends a limited appeal right to the defendant’s insurer as well, but only if the judgment exceeds $2,500 and the insurer stipulates that its policy with the defendant covers the matter the judgment addresses.

Subdivision (d) closes the loop for a defendant who never appeared: that defendant has no right to appeal the judgment directly, but may instead file a motion to vacate under § 116.730 or § 116.740, and may then appeal if that motion is denied.