Suzanne Hermann v. Lynnbrook Land Company Book Reviews

Suzanne Hermann v. Lynnbrook Land Company by Eastern District, Division Three Court of Appeals of Missouri Book Summary

This is an appeal from a judgment of the circuit court of St. Charles County which granted plaintiffs' prayer for injunctive
relief and damages, and denied defendant's counterclaim. Plaintiffs, Suzanne Hermann, T. Pat Manning, Audrey Manning, Donald
Rosenfeld and Lynn Rosenfeld, requested injunctive relief because defendant, Lynnbrook Land Company, improperly maintained
a subdivision sign on real estate owned by plaintiffs. Defendant's counterclaim asserted that it was entitled to maintain
the sign by reason of an irrevocable license giving rise to an equitable easement, or else by a prescriptive easement. The
trial court, sitting without a jury, determined that defendant did keep and maintain a sign and did use and appropriate plaintiffs'
land without authority, license or permission of the plaintiffs from May 28, 1986 to October 15, 1988. Plaintiffs were awarded
damages totaling $13,050.00 ($450.00 per month for twenty-nine months). We affirm. In this court tried action we will affirm the judgment of the trial court unless there is no substantial evidence to support
it, unless it is against the weight of the evidence or unless it erroneously declares or applies the law. Murphy v. Carron,
536 S.W.2d 30, 32 (Mo. banc 1976). The facts are in dispute. We, therefore, consider only those evidentiary facts and inferences
favorable to the prevailing party. St. Charles County v. McPeak, 730 S.W.2d 611, 612 (Mo. App. 1987). The credibility of witnesses
and the weight to be given their testimony is a matter for the trial court, which is free to believe none, part or all of
their testimony. Herbert v. Harl, 757 S.W.2d 585, 587 (Mo. banc 1988). We give deference to the trial court's findings of
fact but we make an independent evaluation of the Conclusions of law the trial court draws from its factual findings. Bradley
v. Mullenix, 763 S.W.2d 272, 275 (Mo. App. 1988).

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