Appellant, Premier Service Corp., Inc., d.b.a. Airport Limousine Service, appeals an order of the Associate Circuit Court of the City of St. Louis which denied its motion to set aside a default judgment rendered against appellant in a civil action for delinquent income withholding tax. We dismiss the appeal.
On April 17, 1989, respondent, the Director of Revenue, filed a “Petition for Delinquent Withholding Tax” against appellant. This petition alleged that appellant was liable to the State for taxes in the amount of two thousand forty-five dollars and ninety-five cents ($2,045.95). A default judgment in this amount was rendered by the associate circuit court on June 13, 1989. On June 23, 1989, appellant filed a motion to set aside the default judgment. The court denied the motion on August 9, 1989, and this appeal followed.
The right to appeal is purely statutory and, where a statute does not give a right to appeal, no right exists. Nicolai v. Faille—Talayna Pizza, Inc., 657 S.W.2d 279, 280 (Mo.App., E.D.1983). Appeals from cases tried before associate circuit court judges are controlled by RSMo § 512.180 (1986). Under that statute, parties aggrieved by a judgment in a civil case tried without a jury before an associate circuit court judge, have the right to a trial de novo where the petition claims damages of five thousand dollars or less. RSMo § 512.180(1). Only in cases not fitting this description may parties appeal directly to an appellate court. RSMo § 512.180(2); Nicolai, 657 S.W.2d at 280.
In the present case, the order on appeal clearly falls within § 512.180(1). The appellant’s sole recourse was to file for a trial de novo in the circuit court; they cannot appeal to this court directly.
Dismissed.