Distinguished
Distinguished by DeMarr v. Kansas City, Missouri, School District, 1991 Mo. App. LEXIS 133 (1991)
Hoevelman is distinguishable on its facts.
The opinion
On Motion for Rehearing or to Transfer
PER CURIAM.
“Motions for rehearing * * * must be filed within fifteen days after the opinion of the court shall be filed,” Rule 83.16, and “No case shall be transferred by order of the Supreme Court from a court of appeals unless * * * a motion for such transfer has been made to the court of appeals within the time for filing a motion for rehearing * * Rule 84.05 (a). Plaintiff’s motion for rehearing or to transfer was received and filed by the clerk of this court on March 14, 1970, the sixteenth day after our opinion was filed on February 26, 1970. The fifteen-day time limitation for the filing of a motion for rehearing or to transfer “is cast in mandatory language, and neither counsel nor the court is at liberty to ignore or wink at that limitation. The order of this court should be and is that plaintiff’s purported motion for rehearing or to transfer be stricken.” Hood v. M. F. A. Mutual Insurance Company, Mo. App., 379 S.W.2d 806, 813 (13).