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BERGMAN v. FISHBACK

No. ED 101202

460 S.W.3d 13 (2014)

William BERGMAN, et al. Respondent, v. Wyneta FISHBACK, et al., Appellant.

Missouri Court of Appeals, Eastern District, Division Five.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 27, 2015.

Application for Transfer Denied April 28, 2015.

Attorney(s) appearing for the Case

Amy L. Ohnemus , Hannibal, for appellant.

Hugh S. Summers , Kahoka, for respondent

Before Angela T. Quigless, C.J., Roy L. Richter, J., Lisa J. Van Amburg, J.

ORDER

Defendants Wyneta and Kristy Fishback appeal from a final judgment of the Circuit Court of Clark County: 1) granting Plaintiffs William and Doreen Bergman a ten-foot prescriptive easement, and 2) denying the Fishbacks damages for trespass and injunctive relief against the Bergmans. In their first three points on appeal the Fishbacks argue the trial court erred in granting the Bergmans a prescriptive easement because they failed to establish that their...

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