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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Jamerson v. Boone, 554 S.W.3d 899 (2018)

Citation
Jamerson v. Boone, 554 S.W.3d 899 (2018)
Parent Document
Jamerson v. Boone, 554 S.W.3d 899 (2018)
Jurisdiction
Missouri (state)
Effective Date
2018-07-17

Full Text

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The Medve Group v. Sombright , 163 S.W.3d 453, 458-59 (Mo. App. E.D. 2005). Even though Tenant did not object when Landlord requested February rent at trial-which might indicate he impliedly consented to trying that issue-there was no motion to amend the pleadings to conform to the evidence of February rent at trial. See id. (citing Rule 55.33(b) ); see also Terry v. Korn , 526 S.W.3d 130, 134 (Mo. App. W.D. 2017). Therefore, February rent *905was outside the pleadings, and the trial court was without authority to award that month's rent to Landlord. See The Medve Group , 163 S.W.3d at 459. Landlord is only entitled to recover rent for March and April of 2016, in the amount of $1200. Point V is granted.