R & J RHODES, LLC v. Finney, 231 S.W.3d 183 (2007)

Citation: R & J RHODES, LLC v. Finney, 231 S.W.3d 183 (2007)
Parent Document: R & J RHODES, LLC v. Finney, 231 S.W.3d 183 (2007)
Jurisdiction: Missouri (state)
Effective Date: 2007-05-29
Original Source: https://www.courtlistener.com/opinion/1439157/r-j-rhodes-llc-v-finney/ ↗

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We first note that we have previously rejected Appellant’s argument that Respondents voluntarily abandoned the premises and thereby terminated the lease. Second, it is clear that the trial court found the testimony of Appellant’s primary witness, Richard Rhodes, less than credible, going so far as to state in its findings at one point that his testimony “gives this court great pause as to his veracity.” Third, as we have already seen, the trial court found, and we have sustained that finding against Appellant’s attack on appeal, that the lease had not been terminated and that, therefore, the obligations of both the lessor and the lessees continued. Since trespass is the unauthorized entry upon land, the lessees could not be guilty of trespass because they had a right of ingress and egress and the right to remain on the property.

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