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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Gordon v. Williams, 986 S.W.2d 470 (1998)

Citation
Gordon v. Williams, 986 S.W.2d 470 (1998)
Parent Document
Gordon v. Williams, 986 S.W.2d 470 (1998)
Jurisdiction
Missouri (state)
Effective Date
1998-12-08

Full Text

1,019 chars
The Amended Judgment of the trial court is affirmed, but we reverse and remand for determination of the period of Appellants’s wrongful possession and consequently, Respondent’s damages. Although not raised on appeal, the Court of Appeals shall give such judgment as the trial court ought to give. Rule 84.14. Missouri unlawful detainer cases allow for damages from the date of the demand for possession. S.L. Motel Enterprises, Inc., 751 S.W.2d at 119. Damages for rents in an unlawful detainer action may be assessed from the date on which the party becomes entitled to possession of the premises. Id. Respondents are entitled to possession of the premises from the date of the demand for possession. Id. Respondents’s July 1, 1996, demand for possession and notice of termination was received by Appellants on July 2, 1996. Respondents were then legally entitled to possession and damages must be assessed accordingly. Id. The trial court erred in finding August 1, 1996, commenced the period of wrongful possession.