appealing party to demonstrate error (Missouri) · Go Syfert
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appealing party to demonstrate error in Missouri

7 Missouri opinions name it 1 courts 1989–2012 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Cain v. Hershewegreen
moctapp · 1989 · cited in 3 Missouri opinions naming this issue, 1992–2012
2 sentences

2012Cain v. Hershewe, 777 S.W.2d 298, 300 (Mo.App.1989).

1995Cain v. Hershewe, 777 S.W.2d 298, 300 (Mo.App.1989).

33
Mobley v. Copelandgreen
moctapp · 1992 · cited in 2 Missouri opinions naming this issue, 1992–2008
2 sentences

2008The right of a party to summary judgment “must clearly appear as a matter of law,” Schwartz v. Lawson, 797 S.W.2d 828, 832 (Mo.App.1990), and “the burden is on the appealing party to demonstrate error.” Mobley v. Copeland, 828 S.W.2d 717, 724 (Mo.App.1992).

1992“Nevertheless, an order granting summary judgment is not pre sumptively erroneous; thus, as a matter of general law, the burden is on the appealing party to demonstrate error.” Mobley v. Copeland, 828 S.W.2d 717, 724 (Mo.App.1992).

22
Schwartz v. Lawsongreen
moctapp · 1990 · cited in 1 Missouri opinions naming this issue, 2008–2008
1 sentence

2008The right of a party to summary judgment “must clearly appear as a matter of law,” Schwartz v. Lawson, 797 S.W.2d 828, 832 (Mo.App.1990), and “the burden is on the appealing party to demonstrate error.” Mobley v. Copeland, 828 S.W.2d 717, 724 (Mo.App.1992).

11
Stacey v. Redfordgreen
moctapp · 2007 · cited in 1 Missouri opinions naming this issue, 2008–2008
1 sentence

2008We must therefore decide of our own volition if Respondent “established an undisputed right to judgment as a matter of law.” Stacey v. Redford, 226 S.W.3d 913, 914 (Mo.App.2007).

11
Steen v. Colombogreen
moctapp · 1990 · cited in 1 Missouri opinions naming this issue, 1992–1992
2 sentences

1992Furthermore, the “judgment is presumptively correct and the burden is on the appealing party to demonstrate error.” Steen v. Colombo, 799 S.W.2d 169, 173-74 (Mo.App.1990). “[I]f the trial court does not state what law it applied the judgment will be affirmed if it is supported by any reasonable theory.” Id. at 174 .

1992Furthermore, the “judgment is presumptively correct and the burden is on the appealing party to demonstrate error.” Steen v. Colombo, 799 S.W.2d 169, 173-74 (Mo.App.1990). “[I]f the trial court does not state what law it applied the judgment will be affirmed if it is supported by any reasonable theory.” Id. at 174 .

11
Delaney v. Gibsongreen
mo · 1982 · cited in 1 Missouri opinions naming this issue, 1989–1989
1 sentence

1989Delaney v. Gibson, 639 S.W.2d 601, 604 (Mo. banc 1982); Massman Construction Co. v. Kansas City, 487 S.W.2d 470, 478 [6] (Mo.1972).

11
Olson v. Auto Owners Insurance Co.green
moctapp · 1985 · cited in 1 Missouri opinions naming this issue, 1989–1989
1 sentence

1989Co., 700 S.W.2d 882, 884 [1] (Mo.App.1985), but an order granting summary judgment is not presumptively erroneous, and as a matter of general law the burden is on the appealing party to demonstrate error.

11
Massman Construction Co. v. Kansas Citygreen
mo · 1972 · cited in 1 Missouri opinions naming this issue, 1989–1989
1 sentence

1989Delaney v. Gibson, 639 S.W.2d 601, 604 (Mo. banc 1982); Massman Construction Co. v. Kansas City, 487 S.W.2d 470, 478 [6] (Mo.1972).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Where else courts name it

VA 25 (1998–2021) MO 7 (1989–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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