Roy J. Behen and Marie U. Behen v. Edward Book Reviews

Roy J. Behen and Marie U. Behen v. Edward by Eastern District, Southern Division Court of Appeals of Missouri Book Summary

Defendant, Edward Elliott, appeals from the judgment in a bench trial holding that plaintiffs, Roy and Marie Behen, are vested with an easement by prescription for ingress and egress to the Eli White Road and the B & B Road. The trial court also issued a permanent injunction enjoining defendant from interfering with plaintiffs' use and maintenance of those roadways, except that defendant may lock the roadways' common entrance during Missouri's firearms deer season, so long as plaintiffs are provided with keys. Further, the trial court awarded plaintiffs $400 in damages caused by defendant to the roadways' former entrance. We affirm. The standard of review for a bench-tried case is well established. We must affirm the trial court's decision unless the judgment is unsupported by substantial evidence, is against the weight of the evidence, or erroneously declares or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo.banc 1976). We accept the evidence and inferences favorable to the prevailing party and disregard all contrary evidence. Slay Warehousing Co., Inc. v. Leggett, 762 S.W.2d 63, 63-64 (Mo. App. 1988). Further, even though not requested by the parties, the trial court voluntarily entered ""Amended Findings of Fact and Judgment."" Consequently, such findings and Conclusions form a proper basis for assigning error and will be so reviewed. Thomas v. Depaoli, 778 S.W.2d 745, 747 (Mo. App. 1989).

👋 Do you love Roy J. Behen and Marie U. Behen v. Edward books? Please share your friends!

Roy J. Behen and Marie U. Behen v. Edward (Eastern District, Southern Division Court of Appeals of Missouri) Book Reviews 2024

Eastern District, Southern Division Court of Appeals of Missouri - Roy J. Behen and Marie U. Behen v. Edward Discussions & Comments

Have you read this book yet? What do you think about Roy J. Behen and Marie U. Behen v. Edward by Eastern District, Southern Division Court of Appeals of Missouri book? Ask the bookpedia.co community a question about Roy J. Behen and Marie U. Behen v. Edward!