Brown v. Ameristar Casino Kansas City, Inc., No. WD 66679.

CourtCourt of Appeal of Missouri (US)
Writing for the CourtPaul M. Spinden
Citation211 S.W.3d 145
Docket NumberNo. WD 66679.
Decision Date09 January 2007
PartiesCecil BROWN, Appellant, v. AMERISTAR CASINO KANSAS CITY, INC., and Division of Employment Security, Respondents.
211 S.W.3d 145
Cecil BROWN, Appellant,
v.
AMERISTAR CASINO KANSAS CITY, INC., and Division of Employment Security, Respondents.
No. WD 66679.
Missouri Court of Appeals, Western District.
January 9, 2007.

[211 S.W.3d 146]

Cecil Brown, Grandview, Grandview, pro se.

Tedrick Addison Housh III, Kansas City, Cynthia Ann Quetsch, Jefferson City, for Respondent.

Before RONALD R. HOLLIGER, Presiding Judge, PAUL M. SPINDEN, Judge, and LISA WHITE HARDWICK, Judge.

PAUL M. SPINDEN, Judge.


Cecil Brown appeals the Labor and Industrial Relations Commission's decision that he is not eligible for unemployment benefits because he voluntarily quit his job at Ameristar Casino Kansas City, Inc., without good cause attributable to his work or to his employer. Because of the woeful inadequacies of Brown's brief, we dismiss his appeal.

Brown appears pro se. Although we are mindful of the difficulties that a party appearing pro se encounters in complying with the rules of procedure, we must require pro se appellants to comply with these rules. We must not grant a pro se appellant preferential treatment. Wilson v. Carnahan, 25 S.W.3d 664, 667 (Mo. App.2000). Failure to comply with the rules of appellate procedure is a proper ground for dismissing an appeal. Shochet v. Allen, 987 S.W.2d 516, 518 (Mo.App.

211 S.W.3d 147

1999). This is especially true when, as is the situation in this case, "we cannot competently rule on the merits of his argument without first reconstructing the facts that gave rise to the [circuit] court's finding and then refining and supplementing his points and legal argument." In re Marriage of Shumpert, 144 S.W.3d 317, 321 (Mo.App.2004). "Compliance with Rule 84.04 briefing requirements is mandatory in order to ensure that appellate courts do not become advocates by speculating on facts and on arguments that have not been made." Bridges v. American Family Mutual Insurance Company, 146 S.W.3d 456, 458 (Mo.App.2004).

Brown's brief flagrantly and repeatedly violates Rule 84.04's requirements concerning the contents of briefs. His violations of Rule 84.04 range from relatively minor to egregious. "The failure to substantially comply with Rule 84.04 preserves nothing for review." Anderson v. American Family Mutual Insurance Company, 173 S.W.3d 356, 357 (Mo.App. 2005).

Rule 84.04(a)(1) requires an appellant's brief to have "a table of cases (alphabetically arranged), statutes, and other authorities cited, with reference to the pages of the brief where they are cited[.]" Brown's brief contains no such table. See Shumpert, 144 S.W.3d at 319; Chang v. Lundry, 117 S.W.3d 161, 164 (Mo.App.2003).

Rule 84.04(a)(2) requires an appellant's brief to contain a jurisdictional statement. See also Rule 84.04(b). Brown's brief contains no such statement. "A deficient jurisdictional statement merits dismissing an appeal." Anderson v. American Family Mutual Insurance Company, 173 S.W.3d 356, 357 (Mo.App.2005).

Rule 84.04(a)(3)...

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28 practice notes
  • Lau v. Pugh, No. SD 29289.
    • United States
    • Court of Appeal of Missouri (US)
    • December 1, 2009
    ...is available to cite, he should explain the reason for the absence of citations.'" Brown v. Ameristar Casino Kansas City, Inc., 211 S.W.3d 145, 148 (Mo.App.2007) (quoting Thummel v. King, 570 S.W.2d 679, 687 (Mo. banc 19. Appellant also argues that his "prior identification of Ms.......
  • Carden v. Missouri Intergov. Risk Managem., No. 28890.
    • United States
    • Court of Appeal of Missouri (US)
    • July 15, 2008
    ..."`The requirements of Rule 84.04(d) are mandatory and must be strictly applied.'" Brown v. Ameristar Casino Kansas City, Inc., 211 S.W.3d 145, 147 (Mo.App.2007) (quoting Martin v. Circuit Court of the City of St. Louis, 580 S.W.2d 307, 308 (Mo.App.1978)). Adherence to the rule ser......
  • Barekman v. City of Republic, No. 27939.
    • United States
    • Court of Appeal of Missouri (US)
    • September 11, 2007
    ...is available to cite, he should explain the reason for the absence of citations." Brown v. Ameristar Casino Kansas City, Inc., 211 S.W.3d 145, 148 5. The City's demand that Barekman immediately resign or be fired could amount to a constructive discharge by the City. See, e.g., Lopez v.......
  • In Interest Of D.A.B., No. ED 106393
    • United States
    • Court of Appeal of Missouri (US)
    • February 26, 2019
    ...in that it does not cite any appropriate precedent to support her claims of error. See Brown v. Ameristar Casino Kan. City, Inc. , 211 S.W.3d 145, 147-48 (Mo. App. W.D. 2007). Mother’s entire brief contains only one citation to a single case in Point I of her argument, In re S.M.H. , which ......
  • Request a trial to view additional results
28 cases
  • Lau v. Pugh, No. SD 29289.
    • United States
    • Court of Appeal of Missouri (US)
    • December 1, 2009
    ...is available to cite, he should explain the reason for the absence of citations.'" Brown v. Ameristar Casino Kansas City, Inc., 211 S.W.3d 145, 148 (Mo.App.2007) (quoting Thummel v. King, 570 S.W.2d 679, 687 (Mo. banc 19. Appellant also argues that his "prior identification of Ms.......
  • Carden v. Missouri Intergov. Risk Managem., No. 28890.
    • United States
    • Court of Appeal of Missouri (US)
    • July 15, 2008
    ..."`The requirements of Rule 84.04(d) are mandatory and must be strictly applied.'" Brown v. Ameristar Casino Kansas City, Inc., 211 S.W.3d 145, 147 (Mo.App.2007) (quoting Martin v. Circuit Court of the City of St. Louis, 580 S.W.2d 307, 308 (Mo.App.1978)). Adherence to the rule ser......
  • Barekman v. City of Republic, No. 27939.
    • United States
    • Court of Appeal of Missouri (US)
    • September 11, 2007
    ...is available to cite, he should explain the reason for the absence of citations." Brown v. Ameristar Casino Kansas City, Inc., 211 S.W.3d 145, 148 5. The City's demand that Barekman immediately resign or be fired could amount to a constructive discharge by the City. See, e.g., Lopez v.......
  • In Interest Of D.A.B., No. ED 106393
    • United States
    • Court of Appeal of Missouri (US)
    • February 26, 2019
    ...in that it does not cite any appropriate precedent to support her claims of error. See Brown v. Ameristar Casino Kan. City, Inc. , 211 S.W.3d 145, 147-48 (Mo. App. W.D. 2007). Mother’s entire brief contains only one citation to a single case in Point I of her argument, In re S.M.H. , which ......
  • Request a trial to view additional results

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