Missouri Court of Appeals, Western District / Mar 22, 2022
William M. Davis, Trustee of the Restatement of the Bill D. Davis and Judith E. Davis Joint Revocable Trust Agreement dated January 27, 1993 vs. Larry A. Smith and Mary L. Smith
Larry and Mary Smith appealed a judgment granting injunctive relief to the Bill and Judith Davis Revocable Trust, which enjoined them from interfering with the Trust's easement for ingress and egress. The Smiths, appearing pro se, argued the trial court plainly erred by concluding proceedings prematurely, violating their due process rights. The appellate court affirmed the trial court's judgment, finding no plain error as the record showed the Smiths had ample opportunity to present their defense. The court also denied the Trust's motion for attorney's fees on appeal.