Jones v. Eagan, 50452
| Decision Date | 09 September 1986 |
| Docket Number | No. 50452,50452 |
| Citation | 715 S.W.2d 596 |
| Parties | Larry JONES, Plaintiff-Appellant, v. William EAGAN, et al., Defendants-Respondents. |
| Court | Missouri Court of Appeals |
Margan Stewart, Lloyd J. Jordan, St. Louis, for plaintiff-appellant.
Frederick M. Switzer, III, St. Louis, for defendants-respondents.
Plaintiff Larry Jones appeals from a judgment dismissing his petition in which he alleged tortious interference with his employment relationship by defendants-respondents William Eagan and Kenneth Stover, who were his supervisors at a Marriott Corporation facility in St. Louis. The trial court's June 14, 1985 order of dismissal reads:
Defendant's Motion To Dismiss for failure to state a claim upon which relief can be granted is sustained.
Defendant's Motion to Dismiss for failure to comply with Court order, if said order has not been complied with, it is sustained; if it has been complied with the question is moot.
The judgment of dismissal is affirmed.
In appellant's only point relied on he accuses the trial court of error in the dismissal of his petition because it failed to state a cause of action. It is unnecessary to discuss appellant's point relied on. The judgment is affirmed for the second reason specified in the trial court order: because appellant failed to comply with the sanction imposed by the court when appellant did not answer the interrogatories propounded to him and did not accede to the request for production of documents.
Appellant has not challenged as error the dismissal of his petition for failure to comply with the trial court sanction ordering him to pay respondents $100.00. Issues not presented in the points to be argued in an appellate brief are abandoned and will not be considered. DeLisle v Cape Mutual Insurance Co., 675 S.W.2d 97, 103 [7, 8] (Mo.App.1984), quoting Hastings v. Coppage, 411 S.W.2d 232, 235 [3, 4] (Mo.1967).
Respondents' motion to dismiss for failure to comply with the court order referred to a February 20, 1985 order which directed appellant to pay respondents $100.00 in attorney's fees as a sanction for failure to respond to discovery requests.
In his brief, appellant Jones admits he has never paid the $100.00, but says he is now willing to do so. The attorney's fees were assessed for failure to respond to respondents' interrogatories and request for production of documents. There is nothing in the record on appeal that would indicate appellant has ever answered respondents' interrogatories or produced the requested documents. He did nothing to cause the court to lift the sanction. Appellant's brief, notice of appeal, statement of the case and issue on appeal all fail to...
To continue reading
Request your trial
-
The People of State v. Harrah's North Kansas City Corp.
...criminal activities under Chapter 572. This point is deemed abandoned by failure to cover it in a point relied on. Jones v. Eagan, 715 S.W.2d 596 (Mo. App. 1986). FACTS The following is a chronology of events, deduced from the trial court's findings of facts and the record itself. For the b......
-
State v. Archer
...directed to that case. As such, he has abandoned, for purposes of appeal, those issues he presented to the motion court. Jones v. Eagan, 715 S.W.2d 596 (Mo.App.1986). The judgments of conviction in case number 16583 are affirmed. The appeal in case number 17164 is dismissed. FLANIGAN, C.J.,......
-
Dycus v. Dycus, 16858
...relied on is not reviewed in that, by not posing such issues in appellant's brief on appeal, the issues are abandoned. Jones v. Eagan, 715 S.W.2d 596 (Mo.App.1986). Further, as was explained in considerable detail in Thummel v. King, 570 S.W.2d 679, 685 (Mo. banc 1978), and recently emphasi......
-
McCutcheon v. Cape Mobile Home Mart, Inc.
...it. Issues not presented in the points to be argued in an appellate brief are abandoned and will not be considered. Jones v. Eagan, 715 S.W.2d 596 (Mo.App.1986). In spite of Cape's failure to preserve any issue of error with respect to Instruction 10, we will exercise our discretion to revi......