POTTS v. ARTHUR BURGER TRUST (2023)

Missouri Court of Appeals, Western District.

Sandra POTTS, et al., Appellants, v. The ARTHUR BURGER TRUST, et al., Respondent.

WD 86108

Decided: November 28, 2023

Before Division Two: Mark D. Pfeiffer, Presiding Judge, Alok Ahuja, Judge, and Thomas N. Chapman, Judge

Richard Schnake, Springfield, MO counsel for appellants. James Spangler, Sedalia, MO co-counsel for appellants. Bryan Wolford, California, MO counsel for respondent.

ORDER

Sandra Potts and her son, Zachary Whitson, appeal the judgment of the Circuit Court of Cooper County denying their Rule 74.06(b) motion for relief from the May 24, 2021 judgment entered against them in their underlying adverse possession action against Arthur Burger and the Arthur E. Burger Trust U/A/D March 4, 2016. In points one through four, they contend that the trial court abused its discretion in refusing to set aside the underlying judgment under Rule 74.06(b) based on mutual mistake about discrepancies in the deeds of their predecessors in title and 1919 affidavits of adverse possession recorded in Cooper County. In point five, they contend that the trial court erroneously ruled that the 1919 affidavits would not be admissible in a new trial. Because a published opinion would have no precedential value, a memorandum explaining the reasons for this decision has been provided to the parties. The judgment is affirmed. Rule 84.16(b).

Per Curiam:

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