Moss Springs Cemetery Ass'n v. Johannes

PREWITT, Judge.

Appellant filed a two-count petition seeking quiet title of certain real property in Jasper County and to establish a private road by necessity through Respondents’ property under Section 228.342, RSMo 1994. On Count I, the trial court quieted title in Appellant by summary judgment. On Count II, following non-jury trial, the court denied Appellant’s request for a private roadway across Respondents’ property. Appellant appeals the denial of the roadway.

Review is under Rule 73.01. As interpreted, that rule requires that we sustain the judgment of the trial court unless there is…