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Mick v. Mays

Court of Appeals of Missouri, Southern District, Second Division

May 11, 2015

JOHN MICK and TERESA MICK, Plaintiffs-Appellants,
v.
WAYNE MAYS and CONNIE MAYS, Defendants-Respondents

APPEAL FROM THE CIRCUIT COURT OF BUTLER COUNTY. Honorable Michael M. Pritchett, Circuit Judge.

For Appellant: CHRISTOPHER L. YARBRO, Poplar Bluff, MO.

For Respondent: SAMUEL P. SPAIN, Poplar Bluff, MO.

MARY W. SHEFFIELD, P.J. -- OPINION AUTHOR. NANCY STEFFEN RAHMEYER, J. -- CONCURS. DON E. BURRELL, J. -- CONCURS.

OPINION

Page 925

MARY W. SHEFFIELD, P.J.

Mike Mick and Teresa Mick appeal from the trial court's judgment in favor of Wayne Mays and Connie Mays.[1] The judgment was entered after a bench trial regarding the petition filed by Mike and Teresa, which sought an accounting and windup of a partnership, damages for breach of fiduciary duty, and rescission of a buy-sell agreement. The arguments raised by Mike and Teresa ignore the standard of review, and we affirm the trial court's judgment.

Standard of Review

In a court-tried matter, this Court will " affirm the trial court's judgment unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law." State Resources Corp. v. Lawyers Title Ins. Corp, 224 S.W.3d 39, 41 (Mo. App. S.D. 2007). When reviewing factual questions, " this Court accepts 'as true the evidence and inferences therefrom that support the trial court's judgment and disregard[s] contrary evidence.'" Id. (quoting Vaughn v. Willard, 37 S.W.3d 413, 415 (Mo. App. S.D. 2001)).

Factual and Procedural Background

Teresa and Connie were the daughters of farmer Glen Harrison. In 2000, Mr. Harrison retired from farming. Teresa and her husband, Mike, and Connie and her husband, Wayne, formed a farming partnership to continue the family farming business under the name Glenco Farms.

While the partnership was engaged in the farming business, a company called Bayer Crop Science (" Bayer" ) planted genetically modified rice in the area near the Glenco Farms operation. In 2006 the genetically modified rice spread into other rice operations and caused the price of rice to drop. Other farmers in the area considered

Page 926

suing Bayer, but Mike was convinced a lawsuit would not " amount to ...


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