Section 2.3 Recurring Problems

• Library: App Ct Prac 2015 Supp

B. (§2.3) Recurring Problems

A few recurring problems illustrate the application of the general rule. For example, a trial court may grant the plaintiff a new trial on instructional grounds but may adhere to its original ruling on evidentiary questions. The plaintiff may not appeal because he or she received all of the relief that was sought: a new trial. Large v. Carr, 670 S.W.2d 71, 73 (Mo. App. E.D. 1984). Of course, if the defendant appeals, the plaintiff may urge the other grounds in defense of the new trial. Benscoter v. Williams, 600 S.W.2d 217, 221 (Mo. App. E.D. 1980).

A party that loses at trial will often couple a motion for new trial with a motion for judgment notwithstanding...