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HOLZHAUSEN v. HOLZHAUSEN

No. 59071.

815 S.W.2d 140 (1991)

Vicky Lynn HOLZHAUSEN, Respondent, v. Gerhart HOLZHAUSEN III, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

September 17, 1991.

Attorney(s) appearing for the Case

Riezman & Blitz, Robert D. Blitz, John E. Bardgett, Clayton, for appellant.

Hardy C. Menees, Clayton, for respondent.

CRIST, Judge.

Appeal from an order sustaining Wife's amended motion for new trial. Reversed.

Husband asserts the trial court had no jurisdiction to grant a new trial on an untimely amended motion. Wife does not question the untimeliness of the amended motion for new trial, but asserts the order was proper under Rule 74.06(b)(2) or (b)(5). Rule 74.06(b) in part is as follows:

On motion ... the court may relieve a party ... from a final judgment or...

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