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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)

Citation
Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
Parent Document
Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
Jurisdiction
Missouri (state)
Effective Date
2018-11-27

Other Sections in This Document (30)

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Our standard of review in a court-tried case is governed by Murphy v. Carron , 536 S.W.2d 30 (Mo. banc 1976). Easley v. Gray Wolf Invs., LLC , 340 S.W.3d 269, 272 (Mo. App. E.D. 2011). We will affirm the judgment unless it is not supported by substantial evidence, it is against the weight of the evidence, or it erroneously declares or applies the law. Id. We view the evidence and inferences in the light most favorable to the circuit court's judgment, and disregard all contrary evidence and inferences. Essex Contracting, Inc. v. Jefferson Cty. , 277 S.W.3d 647, 652 (Mo. banc 2009). We defer to the trial court's resolution of factual issues and witness credibility determinations. Woods of Somerset, LLC v. Developers Surety & Indem. Co. , 422 S.W.3d 330, 334 (Mo. App. W.D. 2013). Additionally, "[a]ll fact issues upon which no specific findings are made shall be considered as having been found in accordance with the result reached." Rule 73.01(c); Ivie v. Smith , 439 S.W.3d 189, 200 (Mo. banc 2014). Discussion Point I-The Exculpatory Clause