Phillips v. Frazier

Missouri Court of Appeals

Phillips v. Frazier

537 S.W.2d 251, 1976 Mo. App. LEXIS 2026

CourtMissouri Court of Appeals

DecidedMay 12, 1976

DocketNo. 10192

StatusPublished

Cited by3 cases

This text of 537 S.W.2d 251 (Phillips v. Frazier) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Phillips v. Frazier, 537 S.W.2d 251, 1976 Mo. App. LEXIS 2026 (Mo. Ct. App. 1976).

Pincite

Opinion

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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