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RUSSO v. BRUCE

No. 28544.

263 S.W.3d 684 (2008)

Gerald T. RUSSO and Dana F. Russo, Husband and Wife, Plaintiffs-Appellants, v. Noah Mark BRUCE and Julia Bruce, Husband and Wife, and Daniel Lee Reed and Kathy Sue Reed, Husband and Wife, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Two.

Rehearing Denied August 11, 2008.

Application for Transfer Denied September 30, 2008.

Attorney(s) appearing for the Case

William Swain Perkins of Thayer, MO, for appellants.

Jeri Leigh Caskey, Alton, MO, for respondents Bruce.

Harvey Shane Allen, Thayer, MO for respondents Reed.

DON E. BURRELL, J.

This appeal arises from a property dispute between neighbors. Gerald Russo and Dana Russo ("the Russos") filed a petition against Noah Bruce and Julia Bruce ("the Bruces") and Daniel Reed and Kathy Reed ("the Reeds") alleging (among other counts not relevant to this appeal) they had the right to continue to drive over property owned by the Bruces because an easement by implication had been created. After a bench trial, the trial court found against...

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