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DUVALL v. MAXEY

Nos. WD 66986, WD 66987.

249 S.W.3d 216 (2008)

David DUVALL, Respondent, v. James Ray MAXEY, Appellant.

Missouri Court of Appeals, Western District.

March 18, 2008.

Attorney(s) appearing for the Case

Karen Bourgeois, Columbia, MO, for appellant.

Before LISA WHITE HARDWICK, P.J., JAMES M. SMART, JR., and JAMES WELSH, JJ.

JAMES M. SMART, JR., Judge.

This is an appeal of a denial of a motion to set aside judgments entered in favor of David Duvall and against James Maxey in two cases. Because we find error in one of the cases in the trial court's failure to base its award of actual and punitive damages on the evidence, we vacate the judgments and remand for a hearing on the actual and punitive damages in that case. In all other respects, the judgments are affirmed.

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