Brumbaugh v. Zellers
Decision Date | 04 January 2022 |
Docket Number | No. SD 37170,SD 37170 |
Citation | 637 S.W.3d 703 |
Parties | Jerry D. BRUMBAUGH, Appellant, v. Kenneth ZELLERS, as Director of the Missouri Department of Revenue, Respondent. |
Court | Missouri Court of Appeals |
Appellant Pro se: Jerry Brumbaugh, of Marshfield, Missouri.
Respondent's Attorney: James H. Klahr, of Jefferson City, Missouri.
Jerry D. Brumbaugh ("Brumbaugh") appeals from a judgment of the trial court sustaining Kenneth Zellers’ (as Director of the Missouri Department of Revenue - "DOR") motion to dismiss. Brumbaugh is self-represented on appeal, as he was at the hearing on the motion to dismiss. Because Brumbaugh's brief is grossly non-compliant with Rule 84.04,1 we dismiss Brumbaugh's appeal.
On October 30, 2020, Brumbaugh filed a petition against the DOR asserting that the issuance of a driver's license—as opposed to a "Regulatory I.D."—is illegal. On December 10, 2020, the DOR filed a "Motion to Dismiss" and "Suggestions in Support" asserting that Brumbaugh's petition failed to "state a claim upon which relief can be granted under Rule 55.27(a)(6)."
On February 2, 2021, the trial court held a hearing on the DOR's motion to dismiss. Brumbaugh appeared pro se in person, and the DOR appeared by phone. After hearing argument from both parties, the trial court took the motion under advisement. 2
On April 28, 2021, the trial court sustained the motion, finding:
This appeal followed.
As an initial matter, we necessarily observe (as Respondent's brief correctly recites) that "Brumbaugh's most recent petition raises the same claims as his prior suit in Case No. 18WE-CC00061, [and] the circuit court correctly dismissed the petition under the doctrine of res judicata. " Brumbaugh admits this fact in his brief. In Brumbaugh v. Walters , 574 S.W.3d 306 (Mo. App. S.D. 2019), disposing of Brumbaugh's appeal, we observe that: (1) Brumbaugh "made no effort to comply with Rule 84.04[ ]"; (2) "[w]e cannot discern any issue from Appellant's Points Relied On"; (3) "[w]e cannot differentiate between what appears to be the ‘argument,’ what specific legal error the trial court committed, or what the trial court error is or what that facts are in the context of this case"; (4) "we are an error-correcting court[,] ... [and] we cannot come up with a theory to assist Appellant"; and (5) "[i]f we are to have any standards at all in the filing of briefs, Appellant's brief is woefully inadequate." Id. at 308.
Brumbaugh's instant brief reflects the same gross deficiencies, and a failure to heed this Court's prior admonitions.4 As we are unable to give substantive treatment to...
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