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HIGHLAND GARDENS NUR., INC. v. NORTH AMER. DEV., INC.

No. 56103.

494 S.W.2d 321 (1973)

HIGHLAND GARDENS NURSERY, INC., et al., Plaintiffs-Respondents, v. NORTH AMERICAN DEVELOPERS, INC., et al., Defendants-Respondents, and Don Roth and Gideon H. Schiller, Defendants-Appellants.

Supreme Court of Missouri, Division No. 2.

May 14, 1973.

Attorney(s) appearing for the Case

Thompson, Mitchell, Douglas, Neill, Guerri & Elbert, Edwin D. Akers, Jr., Gerard K. Sandweg, Jr., Lawrence E. Young, St. Louis, for respondent Manchester Bank of St. Louis.

Raleigh Robinson, St. Louis, for respondent, Construction Enterprises, Inc.

Paxton H. Ackerman, Ackerman, Schiller & Schwartz, Clayton, for appellants.

HENLEY, Judge.

The basic question presented in this case is whether the trial court may extend beyond ninety days the time within which it may rule upon a motion for new trial1 and thus postpone the date when a judgment becomes final for the purpose of appeal.2 We hold that the court may not do so.

This case is a consolidation of two suits into one equitable mechanics' lien proceeding, involving multiple...

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