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action affirmed agreement alleged allowed amount appellant appellant's appellee application argues argument attorney authority award cause charge Circuit Cite City claim Commission considered constitutional contends contract conviction counsel County Court of Appeals Criminal Law damages defendant defendant's denied determine discretion District easement effect entered erred error evidence existence facts failed failure fees filed final further granted ground hearing held hold included injury instruction interest issue Judge judgment jury limited matter ment Missouri Mo.App motion negligence NUMBER objection offense officer opinion parties payment permit person petition plaintiff present prior proceeding proof question reasonable received record Respondent result reversed Rule sentence specific statement statute sufficient suit summary supra Supreme Court SYSTEM term testified testimony Texas tion tort trial court verdict witness writ