Opinion
No. ED 81062
May 6, 2003
Appeal from the Circuit Court of Shelby County, Honorable Paul K. Parkinson.
Stephen Ray Porter, Hannibal, MO, for appellants.
Steven E. Raymond, Shelbyville, MO, for respondents.
Before Lawrence E. Mooney, C.J., George W. Draper, III and Booker T. Shaw, JJ.
[THIS OPINION IS SUBJECT TO MODIFICATION OR TRANSFER TO THE SUPREME COURT.]
ORDER
In this action for trespass, the defendants challenge the court's award of treble damages for the timber and soil defendants removed from the plaintiffs' land. The defendants argue the court's finding that they did not show probable cause to believe that the property from which they took the timber and soil was their own, a showing needed to prevent the trebling of damages, is against the weight of the evidence.
We have reviewed the parties' briefs and the record on appeal. The judgment is supported by substantial evidence and is not against the weight of the evidence. No error of law appears. Murphy v. Carron, 536 S.W.2d 30 (Mo.banc 1976). An opinion reciting the detailed facts and restating the principles of law would have no precedential value. The parties, however, have been furnished with a memorandum, for their information only, setting forth the reasons for this order.
We affirm the judgment pursuant to Rule 84.16(b).