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BUDGET-EASY, INCORPORATED v. BURD

No. 10340.

539 S.W.2d 740 (1976)

BUDGET-EASY, INCORPORATED, a corporation, Plaintiff-Respondent, v. John H. BURD and Ann Burd, Defendants-Appellants.

Missouri Court of Appeals, Springfield District.

Motion to Set Aside Dismissal Denied August 10, 1976.

Attorney(s) appearing for the Case

John Alpers, Jr., Cabool, for defendants-appellants.

Clinton D. Summers, Poplar Bluff, for plaintiff-respondent.

PER CURIAM.

On December 10, 1975, a Howell County jury returned a verdict favoring respondent corporation. Appellants filed an alternative motion to set aside the verdict or for a new trial on December 29, 1975, 19 days after the verdict. Appellants' notice of appeal was filed April 2, 1976.

Rule 78.04, V.A.M.R., requires motions for new trial to be filed within 15 days of the jury verdict. The rule further provides that, "[i]f a timely motion for new...

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