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Phillips v. Frazier

Missouri Court of Appeals, Springfield District
May 12, 1976
537 S.W.2d 251 (Mo. Ct. App. 1976)

Opinion

No. 10192.

May 12, 1976.

APPEAL FROM THE CIRCUIT COURT, HOWELL COUNTY, J. CLIFFORD CROUCH, SPECIAL JUDGE.

Rich D. Moore, Moore Brill, West Plains, for plaintiff-respondent.

Thomas B. Rosenberg, Willow Springs, for defendant-appellant.


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.


Summaries of

Phillips v. Frazier

Missouri Court of Appeals, Springfield District
May 12, 1976
537 S.W.2d 251 (Mo. Ct. App. 1976)
Case details for

Phillips v. Frazier

Case Details

Full title:ROBERT PHILLIPS, PLAINTIFF-RESPONDENT, v. DORMAN FRAZIER…

Court:Missouri Court of Appeals, Springfield District

Date published: May 12, 1976

Citations

537 S.W.2d 251 (Mo. Ct. App. 1976)

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