Coyne v. Coyne

• Decision Date: 23 May 2000
• Citation: 17 S.W.3d 904
• Parties: (Mo.App. E.D. 2000) . Kathleen Coyne, Petitioner/Respondent, v. Patrick Coyne, Respondent/Appellant. Case Number: ED76836 Missouri Court of Appeals Eastern District Handdown Date: 0
• Court: Missouri Court of Appeals

17 S.W.3d 904 (Mo.App. E.D. 2000)

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.

Kathleen Coyne, Petitioner/Respondent, v. Patrick Coyne, Respondent/Appellant.

Case Number: ED76836

Missouri Court of Appeals Eastern District

Handdown Date: 05/23/2000

Appeal From: Circuit Court of St. Louis County, Hon. Colleen Dolan

Counsel for Appellant: Party Acting Pro Se

Counsel for Respondent: Mary Ann Weems

Opinion Summary: Father Patrick Coyne appeals the judgment on the Motion to Modify filed by mother Kathleen Coyne and father's Cross-Motion to Modify Prior Judgment of Dissolution.

DISMISSED.

Division Four holds: The father has failed to file a proper record on appeal as required by Rule 81.12. The Court is unable to review his points of error. In addition, his initial brief fails to conform to the requirements of Rule 84.04 and does not preserve anything for appellate review.

Opinion Author: Judge Mary K. Hoff

Opinion Vote: APPEAL DISMISSED. Rhodes Russell, C.J., and Crandall, Jr., J., concur.

Opinion:

Patrick Coyne (Father) appeals from the judgment entered in the Motion to Modify filed by Kathleen Coyne (Mother) and Father's Cross-Motion to Modify Prior Judgment of Dissolution. We dismiss the appeal for failure to comply with Rules 81.12 and 84.04.

Father appears in this appeal pro se. Even so, pro se appellants are held to the same procedural rules as attorneys and do not receive preferential treatment regarding compliance with appellate procedural rules. Schochet v. Allen, 987 S.W.2d 516, 518 (Mo. App. E.D. 1999).

Father has failed to file an appropriate record on appeal. Rule 81.12(a) requires an appellant to file a record on appeal which "shall contain all of the record, proceedings and evidence necessary to the determination of all questions to be presented . . . ." Father has not filed a transcript of the trial proceedings below. Father has filed only a legal file. Yet, it is missing many pertinent documents, most notably a copy of Mother's motion to modify and attachments to the trial court's judgment. We cannot properly review the judgment when the record is so defective. See, Snelling v. Southwestern Bell Telephone Co., 996 S.W.2d 601, 603 (Mo. App. E.D. 1999). An appeal may be dismissed for failure to file an adequate record on appeal. Faith Baptist Church of Berkeley, Inc. v. Heffner, 956 S.W.2d 425, 426 (Mo. App. E.D. 1997). Because Father has the burden of furnishing the necessary record to this Court for appellate review, and Father has failed to do so, we dismiss his appeal.

In addition, we note that Father's initial brief filed in this Court is woefully inadequate for appellate review. Rule 84.04 sets forth the content requirements for appellate briefs. Father's original brief contains no statement of facts at all, let alone a "fair and concise statement of the facts relevant to the questions presented. . . ." Rule 84.04(c). The primary purpose of the statement of facts is to provide an immediate, accurate, complete and unbiased understanding of the facts of the case. Kent v. Charlie Chicken II, Inc., 972 S.W.2d 513, 515 (Mo. App. E.D. 1998). In this case, there is no such statement of facts and Father fails to preserve his points for appellate review. Id.

In addition, Father's points on appeal, as well as his argument, are insufficient. Rule 84.04(d) sets outs the specific requirements of each point relied on. Father does not present points relied on in the fashion required by Rule 84.04(d). None of the points specifically identify the challenged ruling of the trial court , state concisely the legal reasons for the claim, or explain why, in the context of the case, those legal reasons support the claim of reversible error. Rule 84.04(d)(1)(A)--(C). In some instances, Father includes his argument within the point relied on and in other cases, Father has no argument. As a result, Father has not preserved anything for review on appeal. Schochet, 987 S.W.2d at 519.

Finally, Father has failed to comply with Rule 84.04 in various minor ways. His brief contains no detailed table of contents. Rule 84.04(a)(1). Father does not list his authorities after his point relied on. Rule 84.04(d)(5). In making statements of fact and argument, Father never includes one cite to the specific page references in the legal file or transcript to support his contention. Rule 84.04(j)....