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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)

Citation
Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
Parent Document
Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
Jurisdiction
Missouri (state)
Effective Date
2018-11-27

Other Sections in This Document (30)

Full Text

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Furthermore, the circuit court specifically found Ms. Tolliver's testimony established that Appellant agreed to waive rent for June. We recognize the circuit court is free to believe or disbelieve all, part, or none of the testimony presented. Watson v. Mense , 298 S.W.3d 521, 525 (Mo. banc 2009). This Court "defers to the trial court on factual issues because it is in a better position not only to judge the credibility of witnesses and the persons directly, but also their sincerity and character and other trial intangibles which may not be completely revealed by the record." Essex Contracting, Inc. , 277 S.W.3d at 652 (quoting In re Adoption of W.B.L., 681 S.W.2d 452, 455 (Mo. banc 1984) ). We will not substitute our own judgment for that of the circuit court by re-evaluating the credibility of the evidence and witnesses presented at trial. Pearson v. Koster , 367 S.W.3d 36, 56 (Mo. banc 2012).