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Fleming v. Howell

Missouri Court of Appeals, Eastern District, Division One
Nov 24, 2003
121 S.W.3d 238 (Mo. Ct. App. 2003)

Opinion

No. ED 82293

September 16, 2003 Motion for Rehearing and/or Transfer to Supreme Court Denied November 24, 2003.

Appeal from the Circuit Court of Jefferson County, Honorable Dennis Kehm.

Albert W. Dieffenbach, Jr., Nicole Harris, Hillsboro, MO, for appellant.

Isidore I. Lamke, Washington, MO, for respondents.

Before: Gary M. Gaertner, Sr., P.J., Robert G. Dowd, Jr., J., Mary R. Russell, J.



ORDER


Elvarine Howell ("Seller") appeals from the trial court's judgment in favor of Dorothy Fleming ("Buyer"). Seller argues the trial court erred in granting Buyer specific performance conveying title to the real property at issue in this case. Further, Seller argues the trial court erred in giving Buyer a portion of the casualty insurance proceeds, received upon the destruction of the property, which exceeded Buyer's debt to Seller. We find no error and affirm.

We have reviewed the briefs of the parties and the record on appeal and find that the judgment is supported by the substantial weight of the evidence. A written opinion reciting the facts and restating the law would have no jurisprudential value. The parties have been furnished with a memorandum opinion for their information only, which sets forth the facts and reasons for this order.

We affirm the judgment pursuant to Rule 84.16(b).


Summaries of

Fleming v. Howell

Missouri Court of Appeals, Eastern District, Division One
Nov 24, 2003
121 S.W.3d 238 (Mo. Ct. App. 2003)
Case details for

Fleming v. Howell

Case Details

Full title:DOROTHY FLEMING, Respondent v. ELVARINE HOWELL, Appellant

Court:Missouri Court of Appeals, Eastern District, Division One

Date published: Nov 24, 2003

Citations

121 S.W.3d 238 (Mo. Ct. App. 2003)

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