A.C.C. v. S.B., No. ED 106357

CourtCourt of Appeal of Missouri (US)
Writing for the CourtROBERT M. CLAYTON III, Judge
Parties A.C.C., Respondent, v. S.B., Appellant.
Docket NumberNo. ED 106357
Decision Date13 February 2019

568 S.W.3d 895

A.C.C., Respondent,
v.
S.B., Appellant.

No. ED 106357

Missouri Court of Appeals, Eastern District, DIVISION ONE.

Filed: February 13, 2019


FOR APPELLANT: S.B., Appellant Acting Pro Se.

FOR RESPONDENT: A.C.C., Respondent Acting Pro Se.

ROBERT M. CLAYTON III, Judge

S.B. ("Appellant"), acting pro se, appeals the judgment granting A.C.C. a full order of protection against Appellant. Because Appellant’s brief so substantially fails to comply with the mandatory briefing requirements of Missouri Supreme Court Rule 84.04 (2018)1 that it preserves nothing for our review, we dismiss the appeal.

I. DISCUSSION

Pro se appellants are held to the same standards as attorneys with respect to the mandatory appellate briefing requirements set forth in Rule 84.04. Hamilton v. Archer , 545 S.W.3d 377, 379, 379 n.1 (Mo. App. E.D. 2018) (similarly finding with respect to Missouri Supreme Court Rule 84.04 (2016) ); see generally Rule 84.04. "Judicial impartiality, judicial economy, and fairness to all parties necessitates that we do not grant pro se litigants preferential treatment with regard to their compliance with those procedural rules." Hamilton , 545 S.W.3d at 379 (emphasis

568 S.W.3d 897

and quotations omitted). Although our Court prefers to dispose of a case on the merits whenever possible, we must dismiss the appeal if the deficiencies in the appellant’s brief are such that no claims are preserved for appellate review. Id.

Here, Appellant’s brief fails to comply with Rule 84.04 in multiple respects. Rule 84.04(d)(1) requires each point relied on to, (A) identify the ruling or action of the trial court that is being challenged by the appellant; (B) provide a concise statement of the legal reasons for the appellant’s claim of reversible error; and (C) explain in summary fashion why, in the context of the case, the legal reasons provided support such a claim of error. Rule 84.04(d)(1). In this case, Appellant’s first point relied on merely requests our Court to vacate the trial court’s judgment and states, "[t]he [r]ules of...

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2 practice notes
  • Campbell v. Woodland Lakes Trusteeship, Inc., No. ED 107749
    • United States
    • Court of Appeal of Missouri (US)
    • November 5, 2019
    ...treatment to pro se litigants who are held to the same standard as attorneys when they elect to represent themselves. A.C.C. v. S.B. , 568 S.W.3d 895, 896 (Mo. App. E.D. 2019). While our court has the discretion to review non-compliant briefs ex gratia , we must dismiss the appeal if the de......
  • In re Estate of Hanks, No. ED 107504
    • United States
    • Court of Appeal of Missouri (US)
    • October 1, 2019
    ...dismiss it. Appellants have failed to comply with Rule 84.04 in several respects, leaving nothing for appellate review. A.C.C. v. S.B. , 568 S.W.3d 895, 897 (Mo. App. E. D, 2019) ; Johnson v. Buffalo Lodging Assocs., 300 S.W.3d 580, 581 (Mo. App. E.D. 2009). First, Appellants' sole point re......
2 cases
  • Campbell v. Woodland Lakes Trusteeship, Inc., No. ED 107749
    • United States
    • Court of Appeal of Missouri (US)
    • November 5, 2019
    ...treatment to pro se litigants who are held to the same standard as attorneys when they elect to represent themselves. A.C.C. v. S.B. , 568 S.W.3d 895, 896 (Mo. App. E.D. 2019). While our court has the discretion to review non-compliant briefs ex gratia , we must dismiss the appeal if the de......
  • In re Estate of Hanks, No. ED 107504
    • United States
    • Court of Appeal of Missouri (US)
    • October 1, 2019
    ...dismiss it. Appellants have failed to comply with Rule 84.04 in several respects, leaving nothing for appellate review. A.C.C. v. S.B. , 568 S.W.3d 895, 897 (Mo. App. E. D, 2019) ; Johnson v. Buffalo Lodging Assocs., 300 S.W.3d 580, 581 (Mo. App. E.D. 2009). First, Appellants' sole point re......

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