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DAVENPORT v. NIEDNER

No. ED 89062.

257 S.W.3d 137 (2008)

Joe V. DAVENPORT, Appellant, v. Charles NIEDNER, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 15, 2008.

Attorney(s) appearing for the Case

William J. O'Herin, Florissant, MO, for appellant.

Lawrence F. Hartstein, St. Louis, MO, for respondent.

Before KATHIANNE KNAUP CRANE, P.J. and ROBERT G. DOWD, JR. and KENNETH M. ROMINES, JJ.

ORDER

PER CURIAM.

Joe Davenport ("Davenport") appeals from the judgment of the trial court entered on the jury's verdict in favor of Charles Niedner ("Niedner") on Davenport's petition for malicious prosecution. Davenport makes three claims of trial court error. He contends the trial court erred in: (1) submitting Instruction Number 8 over Davenport's objection because Niedner did not allege Davenport had stalked him as required by Section 455.020,

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