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Woodglen Estates Assn. v. Dulaney

Court of Appeals of Missouri, Western District, First Division

April 21, 2015

WOODGLEN ESTATES ASSOCIATION, Respondent,
v.
DELLA JOAN DULANEY, ET AL., Appellants

Appeal from the Circuit Court of Jackson County, Missouri. The Honorable Kenneth R. Garrett, Judge.

Douglas Patterson, Leawood, KS, Counsel for Appellants.

Kellie Warren, Kansas City, MO, Co-Counsel for Appellants.

Woodglen Estates Association, Respondent Acting Pro Se, Kansas City, MO.

Before Division One: James Edward Welsh, P.J., Thomas H. Newton, and Karen King Mitchell, JJ. All concur.

OPINION

James Edward Welsh, Presiding Judge

Page 857

Della Joan Dulaney and Everett W. Dulaney, co-trustees of the Della Joan Dulaney Trust, appeal the circuit court's denial of their motion for reconsideration to enforce a 2013 settlement agreement regarding an action that was disposed of in 2012 when this court affirmed a judgment entered by the circuit court awarding Woodglen Estates Association $54,500 in damages and cost and attorney's fees. Woodglen Estates Ass'n v. Dulaney, 359 S.W.3d 508 (Mo. App. 2012). We dismiss the Dulaneys' appeal, however, because the Dulaneys are appealing from a motion that is not authorized by rule or law.

" '[A] motion for reconsideration has no legal effect because no Missouri rule provides for such a motion.'" [1] McElroy v. Eagle Star Group, Inc., 156 S.W.3d 392, 402 (Mo. App. 2005), superseded in part by Rule as stated in Pyle v. FirstLine Transp. Sec., Inc., 230 S.W.3d 52, 58 n.3 (Mo. App. 2007) (quoting Hinton v. Proctor & Schwartz, Inc., 99 S.W.3d 454, 459 (Mo. App. 2003)). Although we recognize that appellate courts have treated motions for reconsideration as motions for new trial so that appellants are not denied substantive review of appeals, Hinton, 99 S.W.3d at 459, Koerber by and through Ellegood v. Alendo Bldg. Co., 846 S.W.2d 729, 730 (Mo. App. 1992), we cannot extend that same courtesy in this case because there is nothing from which the Dulaneys can file a motion for new trial. Indeed, the judgment in this case was final in 2012.[2] We, therefore, dismiss the Dulaneys' appeal.

All concur.


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