Section 512

Citation: Section 512
Parent Document: K.O. Real Estate, LLC v. O'Toole, 291 S.W.3d 780 (2009)
Jurisdiction: Missouri (state)
Effective Date: 2009-06-23
Original Source: https://www.courtlistener.com/opinion/1652656/ko-real-estate-llc-v-otoole/ ↗

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During trial, Defendant solicited from President information regarding the ownership of the property at issue, and whether K.O. had an agreement with the Kathleen A. O’Brien Living Trust. Defendant asked President whether there was “some kind of an agreement that [he] brought with [him] today between [K.O.] and the living trust.” President responded, “That I brought with me today? No.” When Defendant asked President if he knew whether an agreement even existed, President answered, “Yes.” When K.O. objected to this line of questioning, Defendant’s counsel stated, “the relevancy is that [K.O.] is not even — is not an owner of this premises, and you cannot — they have no right to possession of the premises.... They’re asking for possession, and they’re showing no legal entitlement to possession.” Defendant made no similar argument in the form of an answer or affirmative defense.

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