Phillips v. Frazier
Cases that cite this one
3 later published cases cite this decision.
- McFadden v. Hartman (Mo. Ct. App. 1984)
- Travelers Insurance Co. v. Frein (Mo. Ct. App. 1978)
- Brown v. Briggs (Mo. Ct. App. 1977)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appellant’s motion for new trial was not ruled within 90 days after it was filed and per Rule 78.06, V.A.M.R., deemed denied on October 28, 1975. Appellant’s notice of appeal was filed November 12, 1975.
The judgment became final on October 28 [Rule 81.05(a), V.A.M.R.] and the notice of appeal was not filed within the ten day period as provided in Rule 81.04, V.A.M.R.
The notice of appeal not having been timely filed, we have no jurisdiction and must dismiss the appeal. Perryman v. Perryman, 507 S.W.2d 671 (Mo.App. 1974). It is so ordered.
All concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.