Jones v. Buck, SD 32004.

• Court: Court of Appeal of Missouri (US)
• Writing for the Court: MARY W. SHEFFIELD
• Citation: 400 S.W.3d 911
• Parties: Petti JONES, Plaintiff–Appellant, v. Calvin Gene BUCK, Defendant–Respondent.
• Docket Number: No. SD 32004.,SD 32004.
• Decision Date: 25 June 2013

400 S.W.3d 911

Petti JONES, Plaintiff–Appellant,
v.
Calvin Gene BUCK, Defendant–Respondent.

No. SD 32004.

Missouri Court of Appeals,
Southern District,
Division Two.

June 25, 2013.

[400 S.W.3d 913]

Mary Louise D. Griffith, Sikeston, MO, for Appellant.

Calvin Gene Buck, pro se.

[400 S.W.3d 914]

MARY W. SHEFFIELD, J.

This is a case involving the distribution of profits after the dissolution of Buck's Homecare Services, L.L.C. (“Homecare Services”). Petti Jones (“Jones”) sued Calvin Buck (“Buck”) for dissolution of Homecare Services and distribution of the assets. The trial court awarded Jones $21,000 and denied all other claims. Jones appeals, but we are unable to determine the precise nature of her complaints because of the deficiencies in her brief. Accordingly, we dismiss the appeal.

Factual and Procedural History

The parties know the factual and procedural history of this case, and it serves no purpose to restate these matters.

Discussion

Jones' brief does not comply with the rules of appellate procedure in numerous ways. Jones' brief: (1) does not contain a jurisdictional statement; (2) contains argument in the statement of facts; (3) does not contain points relied on; and (4) does not contain a conclusion stating the precise relief sought. Furthermore, even if the headings in Jones' “Argument” section are taken to be her points relied on, they are insufficient because they do not explain why the legal reasons support the claim of reversible error, and they are not followed by a list of the authorities upon which Jones primarily relies. Together, these briefing deficiencies impede review on the merits, and dismissal is warranted.

“Rule 84.04¹ provides the requirements for appellate briefs, and an appellant's failure to comply with the rules and requirements of appellate procedure constitutes grounds for our dismissal of the appeal.” Livingston v. Schnuck Markets, Inc., 184 S.W.3d 617, 618 (Mo.App. E.D.2006). “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.” Duncan–Anderson v. Duncan, 321 S.W.3d 498, 500 (Mo.App. E.D.2010) (quoting Nelson v. Nelson, 195 S.W.3d 502, 514 (Mo.App. W.D.2006)).

The requirements for an appellant's brief are summarized in subsection (a) of Rule 84.04 which states:

The brief for appellant shall contain:

(1) A detailed table of contents ...;

(2) A concise statement of the grounds on which jurisdiction of the review court is invoked;

(3) A statement of facts;

(4) The points relied on;

(5) An argument, which shall substantially follow the order of the points relied on; and

(6) A short conclusion stating the precise relief sought.

Rule 84.04(a).

Aside from the table of contents, each of these items is either missing or deficient in Jones' brief.

First, Jones' brief contains no jurisdictional statement. “The jurisdictional statement shall set forth sufficient factual data to demonstrate the applicability of the particular provision or provisions of Article V, section 3, of the Constitution whereon jurisdiction is sought to be predicated.” Rule 84.04(b). A deficient or missing jurisdictional statement is grounds for dismissing an appeal. See Brown v. Ameristar Casino Kansas City, Inc., 211 S.W.3d 145, 147 (Mo.App. W.D.2007).

[400 S.W.3d 915]

The second problem with Jones' brief is the argumentative tone of her statement of facts. “The statement of facts shall be a fair and concise statement of the facts relevant to the questions presented for determination without argument.” Rule 84.04(c). A statement of facts that contains argument violates this rule. See Livingston, 184 S.W.3d at 618. In the first paragraph of her statement of facts, Jones states the trial court's finding of the amount owed is incorrect. Later, she asserts Buck's position at trial was unsupported by testimony or documentary evidence. These assertions are argumentative and demonstrate the brief's failure to comply with Rule 84.04(c).

Third, Jones' brief does not contain points relied on. The purpose of the points relied on “is to give notice to the opposing party of the precise matters which must be contended with and to inform the court of the issues before it.” Landwehr v. Landwehr, 129 S.W.3d 395, 397 (Mo.App. W.D.2004). Furthermore, appellate courts “need not consider arguments not raised in the point relied on.” Eltiste v. Ford Motor Co., 167 S.W.3d 742, 750 (Mo.App. E.D.2005). Jones' brief does not contain points relied on. Thus, we are left without guidance as to what errors she claims warrant reversal.

It is true that Jones provides three headings in her “Argument” section. Even assuming these headings are intended to be the points relied on, they are nevertheless deficient in at least two ways: (1) they do not explain why, in the context of the case, the legal reasons support Jones' claims for reversal and (2) they do not list supporting legal authority.

The requirements for points relied on are laid out in Rule 84.04(d). See City of Perryville v. Brewer, 376 S.W.3d 691, 693 (Mo.App. E.D.2012). “The requirement that the point relied on clearly state the contention on appeal is not simply a judicial word game or a matter of hypertechnicality on the part of appellate courts.” In re Marriage of Weinshenker, 177 S.W.3d 859, 863 (Mo.App. E.D.2005) (quoting Thummel v. King, 570 S.W.2d 679, 686 (Mo. banc 1978)). As...