Belisle v. City of Senath, 21738
| Court | Court of Appeal of Missouri (US) |
| Writing for the Court | PER CURIAM |
| Citation | 974 S.W.2d 600 |
| Parties | Winston W. BELISLE, d/b/a The Washboard Laundrymat, Plaintiff-Appellant, v. CITY OF SENATH, Missouri, Defendant-Respondent. |
| Docket Number | No. 21738,21738 |
| Decision Date | 26 June 1998 |
Page 600
Plaintiff-Appellant,
v.
CITY OF SENATH, Missouri, Defendant-Respondent.
Southern District,
Division One.
Motion for Rehearing or Transfer Overruled
July 13, 1998.
Winston W. Belisle, pro se.
John Hall Dalton, Jr., Dalton, Treasure and Mowrer, Kennett, for Defendant-Respondent.
Before GARRISON, P.J., and CROW and BARNEY, JJ.
PER CURIAM.
Winston W. BeLisle ("BeLisle"), d/b/a The Washboard Laundrymat, appeals from a judgment stemming from the refusal of the City of Senath (the "City") to provide BeLisle's business with an "oversize" water connection for the same fee as a regular water connection. The trial court, without explanation, entered judgment in favor of the City. We do not reach the reach the merits of the case, but instead grant the City's motion to dismiss the appeal.
Page 601
BeLisle, though represented by counsel at trial, appeals pro se. Pro se parties are bound by the same rules of procedure as parties represented by lawyers, and are not entitled to indulgences they would not have received if represented by counsel. Faith Baptist Church of Berkeley, Inc. v. Heffner, 956 S.W.2d 425, 426 (Mo.App. E.D.1997). Violations of the rules of appellate procedure constitute grounds for us to dismiss an appeal. Id.
The appellant has the duty to provide this court with a full and complete record on appeal. Jones v. Wolff, 887 S.W.2d 806, 809 (Mo.App. E.D.1994). An incomplete record forecloses appellate review because it does not contain "all of the record, proceedings, and evidence necessary to the determination of all questions presented," as required by Rule 81.12(a). Brancato v. Wholesale Tool Co., Inc., 950 S.W.2d 551, 554 (Mo.App. E.D.1997). The record in the instant case contains the trial transcript, relevant docket sheets, the trial court's judgment, BeLisle's notice of appeal, the City's "Motion to Prohibit Evidence of Plaintiff's Lost Profits," and several exhibits. BeLisle has failed to include any of his pleadings, an omission that renders us unable to determine with any certainty what relief BeLisle sought at trial, and what issues he has preserved for appeal. The trial court's judgment, which contains no findings of fact or conclusions of law, describes BeLisle's lawsuit as a "Petition for Damages." That, combined with the City's "Motion to Prohibit Evidence of Plaintiff's Lost Profits" suggests...
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..."Pro se parties .... are not entitled to indulgences they would not have received if represented by counsel." Belisle v. City of Senath, 974 S.W.2d 600, 601 (Mo.App.1998). This principal is not grounded in a "lack of sympathy but rather it is necessitated by the requirement of judicial impa......
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