QUESTION

What happens to an un-ruled on motions at the trial court level on appeal?

Asked on Jan 27th, 2014 on Personal Injury - Missouri
More details to this question:
Motion to Add Expert Witness not ruled upon. Expert's findings were included in pleadings opposing Summary Judgment.
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2 ANSWERS

Creditor's Rights Attorney serving Clayton, MO at Fluhr & Moore, LLC
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The motion has been abandoned if not ruled upon at the trial level. It sounds as if summary judgment was entered by the court, so the only issues on appeal are whether or not there was no dispute of material fact and the moving party was entitled to judgment under the law based upon the undisputed material facts.
Answered on Jan 30th, 2014 at 11:05 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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I think it's dealt with as if the motion had never been made. Ask the court clerk. They can't give you advice, but they can tell you what the procedure is.
Answered on Jan 30th, 2014 at 11:05 AM

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