P.J., and LOWENSTEIN, J., concur. 1 . All statutory references are to RSMo 2000, unless otherwise indicated. 2 . All rule references are to the Missouri Rules of Civil Procedure, 2004, unless otherwise indicated. 3 . Section 213.111.2, governing MHRA actions, provides, in pertinent part, that the "court ... may award to the plaintiff actual and punitive damages.” (Emphasis added.) 4 . If the appellant were successful in its claim in Point I, that the issue of punitive damages was not subject to trial by jury in a MMPA case, the claim in this point would not be one of submissibility. Rather, it would simply be a matter of the sufficiency of the evidence to support the trial court's decision in keeping with the standard of review of Murphy v. Carron 536 S.W.2d 30, 32 (Mo. banc 1976) (<HOLDING>). This is so in that as to judge-tried issues,
holding appellate courts will affirm the orders of the trial court unless there is no substantial evidence  they are against the weight of the evidence or they erroneously declare or apply the law holding that judgment may be affirmed on any ground supported by the record holding our court on appeal will reverse a judgment for insufficiency of evidence only if this judgment is not supported by substantial and competent evidence upon the record as a whole and  this rule applies whether the evidence is direct or wholly circumstantial holding that judgment may be affirmed on any ground supported by record holding that in judgetried cases the judgment will be affirmed unless it is not supported by substantial evidence is against the weight of the evidence or erroneously declares or applies the law