Legal Opinion

Day v. Hupp

Missouri Court of Appeals

Decided May 16, 2017No. ED 104168PublishedCited by 20 opinions

1Opinion of the Court

LAWRENCE E. MOONEY, JUDGE

The plaintiffs, Leah and Mariah Day, appeal’ the judgment of the Circuit Court of St. Charles County entered in favor of the defendants, Pamela and Mark Hupp, following a bench trial. Our standard of review compels us to defer to the trial court’s credibility determinations. These credibility determinations led the trial court to conclude that Pamela Hupp made no enforceable promise to the plaintiffs’ late mother and that the plaintiffs failed to carry, their burden of proof to establish either constructive fraud or unjust enrichment. Consequently, we must , affirm…

2Cases cited16 opinions

  1. White v. Director of RevenueSupreme Court of Missouri · 2010
  2. Richard E. Ivie, Jimmie R. Ivie, LaDonna Small, and Bernard Ivie v. Arnold L. Smith and Sidney B. SmithSupreme Court of Missouri · 2014
  3. Houston v. CriderMissouri Court of Appeals · 2010
  4. S.M. v. E.M.B.R.Supreme Court of Missouri · 2011
  5. Fix v. FixSupreme Court of Missouri · 1993

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3Cited by20 opinions

  1. Aughenbaugh v. WilliamsMissouri Court of Appeals · 2018
  2. Nicolazzi v. BoneMissouri Court of Appeals · 2018
  3. Argonaut Great Central Ins. Co v. Lincoln County, MissouriCourt of Appeals for the Eighth Circuit · 2020
  4. Mashler v. MashlerCourt of Appeals of Arizona · 2018
  5. A.A.B. v. A.D.L.Missouri Court of Appeals · 2019

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