Fullerton v. Fullerton

Chad Fullerton (Chad) appeals from a judgment upholding the validity of his farm lease, but awarding him no damages because he had not proven his entitlement thereto “by clear and convincing evidence.” 1 On appeal, Chad’s first point contends the trial court erroneously used the wrong burden of proof, which prejudiced Chad in proving his damages. We agree. Because that error affected only the issue of damages, the trial court’s findings and conclusions concerning the validity of the farm lease are affirmed. The portion of the judgment awarding Chad no damages is reversed. The cause is…