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action affirmed agree agreement alleged amended amount appellant appellant's appellee application argues arrest assessment attorney authority award Bank cause charge Cite City Civil claim Company considered contends contract conviction counsel County Criminal damages defendant defendant's denied determine direct dismiss District effect entered entitled erred error establish evidence fact failed failure filed further granted ground hearing held hold injury instruction intent interest issue Judge judgment jury land March matter ment Missouri Mo.App motion negligence notice objection offense officers opinion parties payment person petition plaintiff pleadings present prior proceeding proof question reason received record request respondent result reversed road Rule statement statute sufficient suit supra Table)-Ky.App testified testimony Texas tion tort trial court trust witness writ