Legal Opinion

LaBarge v. LaBarge

Missouri Court of Appeals

Decided November 17, 1981No. 42174PublishedCited by 3 opinions

1Opinion of the Court

CRIST, Judge.

Wife attempts to appeal from the order denying her motion for a new trial in a proceeding to set aside a decree of dissolution. We dismiss by reason of a defective notice of appeal.

The denial of a motion for a new trial is not an appealable order. Cady v. Kansas City Southern Railway Co., 512 S.W.2d 882, 885 (Mo.App.1974); Haywood v. Haywood, 527 S.W.2d 36, 37 (Mo.App.1975).

*648We are aware that inadequacy of a notice of appeal is often waived by appellate courts in the interest of justice. See, Bildner v. Giacoma, 522 S.W.2d 83, 87 (Mo.App.1975). Accordingly, we believe an…

2Cases cited7 opinions

  1. State Ex Rel. McClintock v. BlackSupreme Court of Missouri · 1980
  2. Cady v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1974
  3. United Tel. Co. of Missouri v. HornMissouri Court of Appeals · 1980
  4. Schulz v. SchulzMissouri Court of Appeals · 1980
  5. Bildner v. GiacomaMissouri Court of Appeals · 1975

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Portell v. PortellMissouri Court of Appeals · 1982
  2. Pittman v. ReynoldsMissouri Court of Appeals · 1984
  3. Ensco Distributing Corp. v. Oppenheimer Precision Products, Inc.Missouri Court of Appeals · 1987

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