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Missouri Revised Statutes

Mo. Rev. Stat. § 510.360 (2026)

When motion for new trial deemed denied

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  510.360.  When motion for new trial deemed denied. — If the motion for new trial is not passed on within ninety days after the motion is filed, it is deemed denied for all purposes.

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(L. 1943 p. 353 § 118)

Notes of Decisions
Cited in 21 cases, 1951–2014 · leading case: Steuernagel v. St. Louis Pub. Serv. Co., 238 S.W.2d 426 (Mo. 1951).
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Steuernagel v. St. Louis Pub. Serv. Co., 238 S.W.2d 426 (Mo. 1951). · cites it 8× “" Section 510.360, R.S.1949, provides: "If the motion for new trial is not passed on within ninety days after the motion is filed, it is deemed denied for all purposes.”
Baker v. Est. of Brown, 294 S.W.2d 22 (Mo. 1956). · cites it 4× “Plaintiff’s motion for new trial, not having been submitted to the trial court within 90 days after it was filed, was deemed overruled by operation of § 510.360, RSMo 1949, on the 90th day after its filing and this appeal was timely taken.”
Se-Ma-No Elec. Coop. v. City of Mansfield, 321 S.W.2d 723 (Mo. Ct. App. 1959). · cites it 6× “The court made no ruling on that motion, and at the expiration of 90 days after its filing it became automatically denied under Section 510.360 RSMo 1949, V.A.M.S., and within 10 days after the judgment had thus become final, appellant filed its notice of appeal to the Supreme…”
Nelms Ex Rel. Nelms v. Bright, 299 S.W.2d 483 (Mo. 1957). · cites it 2× “At the conclusion of plaintiff’s evidence the trial court directed a verdict for defendant for the reasons that there was a “defect of parties plaintiff” and that plaintiff failed to make a submissible case. Plaintiff filed a motion for new trial and in the alternative requested…”
Carla Gleason v. Bendix Com. Veh. Sys., LLC, 452 S.W.3d 158 (Mo. Ct. App. 2014). · cites it 2× “Section 510.360; see also Rule 78.06. 5 .”
Flynn v. Janssen, 284 S.W.2d 421 (Mo. 1955). · cites it 3× “Appellant would avoid the effect of the order granting Janssen’s motion for new trial by showing, by an affidavit appended to his brief and filed for the first time in this court, that such motion was not passed on within ninety days, and, therefore, is to be deemed denied under…”
Stutte v. Brodtrick, 259 S.W.2d 820 (Mo. 1953). · cites it 2× “Section 510.360. The power of the Court to set aside an order sustaining a motion for new trial, at a term subsequent to the judgment term to which the motion had been continued, was recognized under our old code.”
State Ex Rel. Missouri High. & Transp. Comm'n v. Overall, 53 S.W.3d 222 (Mo. Ct. App. 2001). “510 provides that “it shall be the duty of each of the circuit clerks, within five days after the rendition of any final judgment in their respective courts, to enter an abstract of such judgment in the record as required in Section 511.500, RSMo.”
Flynn v. Janssen, 266 S.W.2d 666 (Mo. 1954). · cites it 2× “Section 510.360 RSM’o 1949, V.A.M.S. But such in no way affects the clarity or validity of the order setting aside plaintiff’s judgment for $43,-260, entered on Counts II, III, and IV of plaintiff’s petition.”
Tucker v. Miller, 253 S.W.2d 821 (Mo. 1953). · cites it 2× “It would stand denied by operation of law ninety days after its filing, to wit, on December 23, 1951, § 510.360, but six days prior thereto, to wit, on December 17, 1951, appellants filed a notice of appeal to the Supreme Court, and on the same day the clerk mailed copies of…”
State Ex Rel. Berbiglia, Inc. v. Randall, 423 S.W.2d 765 (Mo. 1968). “04; § 510.360. 1 The petition further alleges that defendants did not appeal from the judgment entered August 4, but that on November 25, intervenor appealed to this court.”
Hynes v. Risch, 243 S.W.2d 116 (Mo. Ct. App. 1951). · cites it 2× “When a motion for a new trial is filed the judgment does not become final until the motion is disposed of either by the passing of ninety days when it is deemed denied under Section 510.360, R.S.Mo.1949, or by the court acting upon the motion prior to the expiration of the…”
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