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BAINTER v. ALMOND

No. 45737.

643 S.W.2d 649 (1982)

David Eugene BAINTER, Appellant, v. Clinton ALMOND, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

December 14, 1982.

Attorney(s) appearing for the Case

David Eugene Bainter, pro se.

Clinton Almond, pro se.

CRIST, Judge.

Legal malpractice.

Summary judgment for lawyer affirmed.

Appellant (plaintiff) was found guilty by a jury of two counts of murder in the second degree and assault with intent to do great bodily harm. Respondent (lawyer) represented plaintiff in that trial. Lawyer filed a motion for new trial on plaintiff's behalf forty-six days after sentencing. Rule 27.20(a) required that a motion for new trial had to be filed within forty days to preserve...

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