Section 2.21 New Trials

• Library: App Ct Prac 2015 Supp

F. (§2.21) New Trials

Rule: An order granting a new trial is immediately appealable, and the notice of appeal is due within ten days of the order. An order denying a new trial is not appealable. The appeal lies from the underlying judgment, and the notice of appeal must be filed within ten days after the order denying the motion for a new trial.

Section 512.020, RSMo 2000, specifically authorizes an appeal from an order granting a new trial. Under Rule 81.04(a), such an order is immediately final for purposes of appeal. Thus, the notice of appeal is due within ten days of the date of the order. Clayton v. Clayton, 679 S.W.2d 431 (Mo. App. E.D. 1984). The trial court has no authority to reconsider its ruling granting a new trial. Dayringer v. Mullen, 651 S.W.2d 500, 501 (Mo. App. W.D. 1983). Thus, a motion for reconsideration does not extend the time for appeal. Because an order granting a new trial is...