Real Property : Fence Dispute – Equitable Relief – Attorney’s Fees

Where plaintiff challenged a trial court’s award of $2,000 to him to repair his neighbor’s portion of a shared fence because he argued that he did not specifically request equitable relief, the judgment is affirmed, and the court properly found that the amount would enable him to make the existing fence comply with the statute, but the court erred in failing to award him attorney’s fees because he was the prevailing party.

Judgment is affirmed; remanded.

Ferguson v. Ewing (MLW No. 66719/Case No. WD76487 – 11 pages) (Missouri Court of Appeals, Western District, Newton, J.) Appealed from circuit court, Callaway County, England, J. (George Smith, Columbia, for appellant) (Thomas Riley and Jacquelyn Brazas, Fulton, for respondent).

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