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Stacey McElvain vs. Jason Stokes, et al

Decision date: April 20, 2021WD83737

Parties & Roles

Judges

Trial Court Judge
and W·JANET L

Disposition

Affirmed

Procedural posture: Appeal from judgment on adverse possession claim

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Rules

Cases

Holdings

Issue-specific holdings extracted from the court's opinion.

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  1. Issue: Whether appellants' points challenging the trial court's findings of actual and hostile possession were properly preserved for appellate review under Rule 84.04.

    No, appellants failed to comply with Rule 84.04 briefing requirements for "not-supported-by-substantial-evidence" challenges, thus preserving nothing for review.

  2. Issue: Whether the trial court's findings that McElvain proved the actual and hostile elements of adverse possession were supported by substantial evidence.

    Yes, the record demonstrates substantial evidence supports the trial court's findings of actual and hostile possession.

    Standard of review: no substantial evidence

Related Opinions

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M.D.M, Appellant, v. A.W.S., Respondent.(2026)

Missouri Court of Appeals, Eastern DistrictFebruary 10, 2026#ED113141

affirmed

The court affirmed the circuit court's child custody and support judgment, rejecting Father's six points of error regarding the Form 14 calculations, denial of Line 11 credit despite equal visitation time, disproportionate attorney's and GAL fees, and exclusion of testimony on equitable abatement. The appellate court found that Father failed to meet the required analytical standards for challenging the judgment and that the circuit court properly exercised its discretion in denying the Line 11 credit and ruling against equitable abatement.

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