Porter v. Division of Employment Sec.

• Decision Date: 11 May 2010
• Docket Number: No. ED 93933.,ED 93933.
• Parties: Deanna PORTER, Employee/Claimant, v. DIVISION OF EMPLOYMENT SECURITY, Respondent.
• Court: Missouri Court of Appeals

310 SW 3d 295

Deanna PORTER, Employee/Claimant,
v.
DIVISION OF EMPLOYMENT SECURITY, Respondent.

No. ED 93933.

Missouri Court of Appeals, Eastern District, Division Three.

May 11, 2010.

Deanna Porter, St. Charles, MO, pro se.

Shelly A. Kintzel, Jefferson City, MO, for Respondent.

310 SW 3d 296

OPINION

MARY K. HOFF, Judge.

Deanna Porter (Claimant) appeals pro se from a final order of the Labor and Industrial Relations Commission. The Commission's order affirmed the Division of Employment Security Appeals Tribunal's decision denying Claimant unemployment compensation benefits. Because Claimant's brief fails to substantially comply with the appellate briefing requirements as provided by Rule 84.04¹, we dismiss the appeal.

Pro se appellants are held to the same standard as licensed attorneys. Blakey v. AAA Professional Pest Control, 219 S.W.3d 792, 794 (Mo.App. E.D.2007). Hence, pro se appellants must comply with the mandatory requirements of Rule 84.04 regarding appellate briefing. Johnson v. Buffalo Lodging, 300 S.W.3d 580, 582 (Mo. App. E.D.2009). A pro se appellant is not granted preferential treatment if he or she fails to meet the requirements of Rule 84.04. Thornton v. City of Kirkwood, 161 S.W.3d 916, 919 (Mo.App. E.D.2005). Failure to comply with Rule 84.04 constitutes grounds for dismissal of the appeal. Kuenz v. Walker, 244 S.W.3d 191, 193 (Mo.App. E.D.2007).

Substantial compliance with Rule 84.04 is required in order to give proper notice to the party opponent of the precise issue on appeal. Amparan v. Martinez, 862 S.W.2d 497, 499 (Mo.App. E.D.1993). Compliance is also required because an appellate court should not speculate as to the parameters of the appellant's argument because to do so would cast the court in the role of the appellant's advocate. Blakey, 219 S.W.3d at 794. Dismissal is warranted "not for lack of sympathy but rather it is necessitated by the requirement of judicial impartiality, judicial economy and fairness to all parties." Id. (quoting Thornton, 161 S.W.3d at 919).

Rule 84.04 clearly states the requirements for an appellate brief. The brief must contain 1) a detailed table of contents and an alphabetically-arranged table of cases and other authorities cited, all with corresponding page references, 2) a concise statement of the jurisdictional grounds, 3) a statement of facts, 4) a "Point Relied On" for each issue on appeal, 5) an argument that substantially follows the corresponding "Point Relied On," and 6) a statement of the precise relief sought. Rule 84.04(a).

More specifically, the jurisdictional statement must...