Amaismeier v. State Farm Fire & Casualty Co.

This is an appeal, as permitted by Section 512.020, RSMo 1994, from an order granting a new trial. However, because the trial court no longer possessed the power to grant a new trial at the time such order was entered, we cannot entertain this appeal on the merits and must reverse the invalid order.

Following a jury trial and a verdict for defendants, the trial court entered a judgment on September 2, 1997. It appears that plaintiffs timely filed a motion for new trial on September 26,1997. Rule 78.04. On January 5, 1998, an order was entered which granted plaintiffs a new trial against both…