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DISTEFANO v. QUIGLEY

No. 27608.

230 S.W.3d 647 (2007)

Ross A. DISTEFANO and Neada M. Distefano, Husband and Wife, and Neada M. Distefano, Trustee of the Neada M. Distefano Trust, u/t/a dated December 22, 1998, Plaintiffs-Respondents, v. Timothy QUIGLEY and Andrea Quigley, Husband and Wife, Defendants/Third-Party Plaintiffs, and Stephen F. Weiner and Donna S. Weiner, Husband and Wife, Third-Party Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division One.

August 20, 2007.

Attorney(s) appearing for the Case

Richmond M. Enochs and Paul M. Croker, Wallace, Saunders, Austin, Brown & Enochs, Chartered, Kansas City, for Appellants.

Michael L. McDorman and Dustin G. Dunklee, Springfield, for Respondent.

Before RAHMEYER, P.J., PARRISH and SCOTT, JJ.

PER CURIAM.

Plaintiffs sued their next-door neighbors ("Defendants") to establish a prescriptive easement for the use of a driveway across Defendants' land. Defendants impleaded their sellers ("Third-Party Defendants") for breach of warranty, breach of covenant, and negligent misrepresentation. All parties and their attorneys participated in a November 17-18, 2005 non-jury trial. After taking the case under advisement, the court issued a judgment:

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