Tom Davis Insurance Agency, Inc. v. Shivley

PREWITT, Judge.

Plaintiff sought judgment against defendant for certain “advance payments” made to him. Following nonjury trial, judgment was entered in favor of plaintiff. Defendant appeals.

Review is under Rule 73.01(c). As that rule has been interpreted, we are to affirm the judgment, unless there is no substantial evidence to support it, it is against the weight of the evidence, it erroneously declares the law, or erroneously applies the law. Setting aside a judgment because it is against the weight of the evidence is done with caution when there is a firm belief that the judgment is wrong.…