Section 5.16 Sufficiency to Support Verdict or Finding

• Library: Evidence 2017

XII. (§5.16) Sufficiency to Support Verdict or Finding

General Rule: Liability cannot be based on guesswork, speculation, or conjecture that goes beyond any inference that can be drawn from the record.

“Evidence is substantial if it has any tendency to prove or disprove any fact necessary to sustain the trial court’s judgment.” Hunter v. Moore, 486 S.W.3d 919, 925 (Mo. banc 2016) (citing Ivie v. Smith, 439 S.W.3d 189, 198–99 (Mo. banc 2014)).

“‘To prevail on [a] substantial-evidence challenge, [the appellant] must demonstrate that there is no evidence in the record tending to prove a fact that is necessary to sustain the circuit court’s judgment as a matter of law.’” Pasternak v. Pasternak, 467 S.W.3d 264, 268 (Mo. banc 2015) (quoting Ivie, 439 S.W.3d at 200).

In a domestic matter involving the custody of children, the court ruled that “[s]ubstantial evidence means ‘competent evidence from which the trial court could reasonably decide the case.’” Dunkle v. Dunkle, 158 S.W.3d 823, 832 (Mo. App. E.D. 2005) (quoting Bauer v. Bauer, 38 S.W.3d 449, 455 (Mo. App. W.D. 2001)). The court noted that, with custody and visitation issues, the trial court has broad discretion, and the appellate court gives even greater deference to these decisions than in other civil cases.

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