MALLORY v. TWO-BIT TOWN, INC.

No. SD 28986.

284 S.W.3d 167 (2009)

Dwain MALLORY, Plaintiff-Respondent, v. TWO-BIT TOWN, INC., et al., Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Two.

March 16, 2009.


Attorney(s) appearing for the Case

Donald M. Brown, Bolivar, MO, for Appellant.

Dennis D. Reaves, Stockton, MO, Respondent.


DON E. BURRELL, Presiding Judge.

Two-Bit Town, Inc. and Anthony and Myrna Kay McMurray (collectively, "Appellants") appeal a judgment granting to Dwain Mallory ("Respondent") an implied easement for ingress and egress across Appellants' property. Because we find Respondent failed to present any probative evidence in support of one of the necessary elements of his claim, we reverse and remand.

I. Facts and Procedural Background

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