State Ex Rel. Baker v. Kendrick

I concur in the result reached by the majority. Rule 29.11(g) provides that the trial court has 90 days to determine whether to grant or deny a new trial otherwise the motion is “denied for all purposes.”

Baker filed his motion for a new trial on April 16, 2003. The trial court did not rule on it until September 11, 2003. After July 15, 2003, however, the motion was deemed “denied for all purposes” because of the expiration of the 90 day deadline in Rule 29.11(g). The trial court accordingly lacked authority after that date to order a new trial. See State ex rel. Parks v. Barker, 567 S.W.2d…