Missouri Court of Appeals, 2003

McGirl v. Silvey

McGirl v. Silvey
Missouri Court of Appeals · Decided June 10, 2003 · Ahrens, Russell, Shaw
108 S.W.3d 120; 2003 Mo. App. LEXIS 854; 2003 WL 21322977 (South Western Reporter, Third Series)

McGirl v. Silvey

Opinion of the Court

ORDER

Katherine A. Silvey, John Steven Silvey and his wife, Barbara Ann Silvey (“Appellants”) appeal from the trial court’s judgment determining the common boundary line dividing their land and the land of Marty Simpson, Michael P. McGirl and his wife, Diane L. McGirl, (“Respondents”). Appellants argue: (1) the trial court erred in denying their motion for continuance because Appellants were denied the opportunity to adduce expert testimony from their land surveyor on the issue of the location of the common boundary line between the parties’ lands; and (2) the trial court’s judgment establishing the common boundary line dividing the parties’ lands was against the weight of the evidence and a misapplication of the law.

We have reviewed the briefs of the parties and the record on appeal and no error of law appears. The judgment of the trial court is affirmed. No precedential or jurisprudential purpose would be served by an opinion reciting the detailed facts and restating the principles of law. However, a memorandum has been provided to the parties, for their use only, setting forth the reasons for this order. We affirm pursuant to Rule 84.16(b).

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