KELLEY v. KELLY RESIDENTIAL GROUP, INC.

Nos. 69756, 69818.

945 S.W.2d 544 (1997)

John KELLEY and Denise Kelley, Plaintiffs/Respondents, v. KELLY RESIDENTIAL GROUP, INC., Defendant/Appellant. John KELLEY and Denise Kelley, Plaintiffs/Appellants, v. KELLY RESIDENTIAL GROUP, INC., Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied May 14, 1997.

Application to Transfer Denied June 17, 1997.


Attorney(s) appearing for the Case

Gary R. Sarachan, Kenneth J. Rothman, Rothman, Sokol, Adler, Barry & Sarachan, St. Louis, for defendant/appellant.

Steven W. Garrett, Curtis, Oetting, Heinz, Garrett & Soule, P.C., St. Louis, for plaintiffs/respondents.


Motion for Rehearing and/or Transfer to Supreme Court Denied May 14, 1997.

CRANE, Presiding Judge.

Plaintiff homeowners filed an action against their home builder to recover damages for malicious prosecution, arising out of a dismissed lawsuit the builder had filed against them, and trespass, arising out of home builder's construction of a retaining wall on their property. The jury returned verdicts in favor of the homeowners. However, the trial court entered...

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