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McCLAIN v. KELLEY

No. 28344.

247 S.W.3d 19 (2008)

Gary Dean McCLAIN and Darlene S. McClain, Plaintiffs-Respondents, v. Paul KELLEY, Jr. and Connie Jo Kelley, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division 1.

March 3, 2008.

Attorney(s) appearing for the Case

John Sims, Sims, Johnson, Wood & Sims, Neosho, MO, for appellants.

No brief filed by Respondents.

GARY W. LYNCH, Chief Judge.

Paul Kelley, Jr. and Connie Kelley ("Defendants"), appeal the trial court's judgment awarding Gary Dean McClain and Darlene McClain ("Plaintiffs") statutory damages for Defendants' alleged failure to timely submit for filing a deed of release of a deed of trust, as required by section 443.130.1 Finding that Plaintiffs failed to prove the existence of a demand letter which satisfied the requirements of the statute...

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