Section 3.6 Policy of Appellate Court on Review

LibraryApp Ct Prac 2015 Supp

A. (§3.6) Policy of Appellate Court on Review

The trial court’s ruling on a motion for new trial is presumed to be correct and will be reversed on appeal only if an abuse of discretion is shown. Duckett v. Troester, 996 S.W.2d 641, 646 (Mo. App. W.D. 1999). An appellate court is more liberal in upholding an order granting a new trial than an order denying one. Seaton v. Toma, 988 S.W.2d 560, 561 (Mo. App. S.D. 1999). The appellate court indulges every reasonable inference favorable to the ruling, even if...

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