stating, "When the burden of proof is placed on a party for a claim that is denied, the trier of fact has the right to believe or disbelieve that party's uncontradicted or uncontroverted evidence. If the trier of fact does not believe the evidence of the party bearing the burden, it properly can find for the other party" (internal citation omitted)
How later courts described this case
- stating, "When the burden of proof is placed on a party for a claim that is denied, the trier of fact has the right to believe or disbelieve that party's uncontradicted or uncontroverted evidence. If the trier of fact does not believe the evidence of the party bearing the burden, it properly can find for the other party" (internal citation omitted)
- reversing case law holding that Rule 73.01(c) did not apply in license revocation and suspension proceedings and noting “Rule 73.01(c) ... provides that when there are no written findings, the evidence ‘shall be considered as having been found in accordance with the result reached; in other words, in the light most favorable to the judgment.”
- holding that, when reviewing challenges to factual findings, the Court “confines itself to determining whether substantial evidence exists to support the trial court’s judgment.”
- stating, “One way a party contests an issue is by contesting the evidence!,]” and then identifying several methods by which evidence is contested, all of which were present here
Written by the judges who cited it.
The opinion
WILLIAM RAY PRICE, JR., Chief Justice,
concurring.
I concur in the result reached by the majority opinion. White contested the evidence against him. The record thus indicates a basis for the trial court to disbelieve the director’s evidence. However, I would not overrule the long and consistent precedent of this Court established in Guhr v. Dir. of Revenue, 228 S.W.3d 581, 586 (Mo. banc 2007); York v. Dir. of Revenue, 186 S.W.3d 267, 272 (Mo. banc 2006); Coyle v. Dir. of Revenue, 181 S.W.3d 62, 65 (Mo. banc 2005); Verdoom v. Dir. of Revenue, 119 S.W.3d 543, 546-547 (Mo. banc 2003); Brown v. Dir. of Revenue, 85 S.W.3d 1, 7 (Mo. banc 2002); Reinert v. Dir. of Revenue, 894 S.W.2d 162, 164 (Mo. banc 1995); Berry v. Dir. of Revenue, 885 S.W.2d 326, 328 (Mo. banc 1994).