Budget-Easy, Inc. v. Burd

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 trial . is filed, the judgment is not final until disposition of all such motions.” (Em*741phasis added). Here, appellants relied upon an untimely motion for…