Bishop v. Carper

This court’s refusal to review the discretionary grounds asserted by the Bishops to support the grant of a new trial is supported by Pretti v. Herre, 403 S.W.2d 568, 569 (Mo.1966). Citing Rule 83.06(c), which is now Rule 84.05(d), the Court in Pretti refused to consider the weight of the evidence ground cited by the plaintiffs to support the granting of the new trial because it was a discretionary ground. Id. This court is bound to follow Pretti because it is the last controlling decision of the Supreme Court on the issue. See Kansas Ass’n of Private Investigators v. Mulvihill, 35 S.W.3d 425,…