Missouri Court of Appeals, 1976

Phillips v. Frazier

Phillips v. Frazier
Missouri Court of Appeals · Decided May 12, 1976 · Hogan
537 S.W.2d 251; 1976 Mo. App. LEXIS 2026 (South Western Reporter, Second Series)
Phillips v. Frazier

Cases that cite this one

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Opinion of the Court

PER CURIAM:

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.

HOGAN, J., not participating.

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