Legal Articles

Not Supported by Substantial Evidence, Against the Weight of the Evidence

When appealing a trial decided by a judge (as opposed to a jury), an appeals court will usually only reverse the trial judge’s judgement if there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Murphy v. Carron, 536 S.W.2d 30,…

Appeals and Estoppel

Estoppel is a legal theory which generally prevent litigants from taking inconsistent positions in Court. Common forms of estoppel include equitable estoppel and promissory estoppel. However, estoppel can also be used to preclude a party’s ability to appeal a judgment. Steven Family Trust v. Huthsing, 81 S.W.2d 664, 667 (Mo. Ct. App. 2002). More specifically,…

Law of the Case, Relitigation

Factual and legal findings of a trial court are hard to overturn. At the trial level re-litigation of pre-determined factual and legal issues is generally impermissible. See Shahan v. Shahan, 988 S.W.2d 529, 533 (Mo. 1999) (the “law of the case” doctrine governs successive adjudications involving the same issues and facts); Oldaker v. Peters, 869 S.W.2d…

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