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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Theresa Marie Barbero v. Wilhoit Properties, Inc. (2021)

Citation
Theresa Marie Barbero v. Wilhoit Properties, Inc. (2021)
Parent Document
Theresa Marie Barbero v. Wilhoit Properties, Inc. (2021)
Jurisdiction
Missouri (state)
Effective Date
2021-11-16

Other Sections in This Document (100)

Full Text

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Abuse of Discretion when Appellant was Denied Trial de Novo
         Appellant has been prejudiced when the trial court erred in its decision to deny Appellant
         (“Barbero”) a trial de novo. The court of appeals will review for prejudice, not mere error
         and will reverse only if the appellant demonstrates that the error was so prejudicial as to
         deprive him or her of a fair trial and there was a reasonable probability the trial court’s
         ruling affected the outcome of the trial. Id.; see State v. Anderson, 76 S.W.3d 275, 277
         (Mo. bane 2002); (that case was ruled based on the evidence being logical and legal)[.] Point II states: