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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Rathbun v. Cato Corp., 93 S.W.3d 771 (2002)

Citation
Rathbun v. Cato Corp., 93 S.W.3d 771 (2002)
Parent Document
Rathbun v. Cato Corp., 93 S.W.3d 771 (2002)
Jurisdiction
Missouri (state)
Effective Date
2002-11-21

Other Sections in This Document (144)

Full Text

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Assuming, arguendo, that the objection was sufficient to preserve this point for our review, and was incorrectly overruled, the erroneous admission of evidence is "scarcely ever" grounds for reversal in a court-tried case. Wilson v. Sullivan, 922 S.W.2d 835, 838 (Mo.App. E.D.1996). The reason is that the trial court can presumably sort out the incompetent and the irrelevant, and base its decision on the competent and the relevant. Id. This is true except where it appears from the record that the court relied on the evidence and that no other competent evidence supports the judgment. Randall v. Eldridge, 856 S.W.2d 381, 382 (Mo.App. E.D.1993).