Missouri Court of Appeals October 24, 2012, No. SD 31754 (Fullerton v. Fullerton)

JEFFREY W. BATES, J.

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.