FULLERTON v. FULLERTON

No. SD 31754.

403 S.W.3d 649 (2012)

Dewain FULLERTON and Rose Mary Fullerton, His Wife, and William J. Penrod, Trustee of the William J. Penrod Revocable Living Trust, Dated May 21, 1997, Plaintiffs-Respondents, v. Chad FULLERTON, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Rehearing Denied November 15, 2012.


Attorney(s) appearing for the Case

Wendell L. Hoskins, II , Caruthersville, MO, for Appellant.

W. Edward Reeves , Caruthersville, MO, for Respondents.


JEFFREY W. BATES, J.

Chad Fullerton (Chad) appeals from a judgment upholding the validity of his farm lease, but awarding him no damages because he had not proven his entitlement thereto "by clear and convincing evidence."1 On appeal, Chad's first point contends the trial court erroneously used the wrong burden of proof, which prejudiced Chad in proving his damages. We agree. Because that error affected only the issue of damages, the trial...

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