City of Kansas City, Inc. v. Hayward

954 S.W.2d 399, 1997 Mo. App. LEXIS 1448, 1997 WL 453555
CourtMissouri Court of Appeals
DecidedAugust 12, 1997
DocketNos. WD 53133, WD 53134
StatusPublished
Cited by3 cases

This text of 954 S.W.2d 399 (City of Kansas City, Inc. v. Hayward) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Kansas City, Inc. v. Hayward, 954 S.W.2d 399, 1997 Mo. App. LEXIS 1448, 1997 WL 453555 (Mo. Ct. App. 1997).

Opinion

PER CURIAM.

Fairy Hayward was charged with driving without a license and running a red light. She was convicted in Kansas City Municipal Court, fined, and taxed court costs. Ms. Hayward appealed to the Jackson County Circuit Court. While she was before that court, appearing pro se, she stated her belief that the court did not have jurisdiction over her. On that basis, the circuit court remanded the cause back to municipal court. Ms. Hayward now appeals to this court. We dismiss Ms. Hayward’s appeal because of her failure to comply with Rule 84.04.

FACTUAL AND PROCEDURAL BACKGROUND

On August 15, 1995, a Kansas City police officer observed a vehicle driven by Ms. Hayward proceed through an intersection on a red light. The officer stopped the vehicle and asked Ms. Hayward to produce her operator’s license. Ms. Hayward told the officer that she did not have a license and that she did not need a license. The officer ran a computer check and determined that Ms. Hayward had not been issued a license. Ms. Hayward was charged with driving without a license and running a red light. She was convicted in Kansas City Municipal Court and appealed the conviction to the Jackson County Circuit Court. At the trial de novo in circuit court, Ms. Hayward expressed her view that the circuit court did not have jurisdiction. With the acquiescence of Ms. Hayward, the circuit court sent the case back to municipal court. Ms. Hayward appeals from the circuit court’s action in sending the case back to municipal court.

RULE 84.04

The respondent, the City of Kansas City, contends that Ms. Hayward’s brief does not meet the requirements of Rule 84.04 and thus, her appeal should be dismissed. We agree.

[401]*401When a party represents himself or herself pro se, that party is bound to the same rules of procedure to which an attorney is bound. Snelling v. Chrysler Motors Corp., 859 S.W.2d 755, 756 (Mo.App.1993). Pro se parties are generally entitled to no special indulgences. Sutton v. Kestler, 930 S.W.2d 516, 517 (Mo.App.1996). “This rule is not because we lack sympathy; rather, it is required in order that all parties are treated fairly, and in order to preserve judicial impartiality and judicial economy.” Gosek v. Gosek, 910 S.W.2d 849, 850 (Mo.App.1995).

One of the rules of procedure that Ms. Hayward is bound to follow is Rule 84.04, the rule that relates to the form and content of briefs. Failure to follow this rule preserves nothing for review. Dinwiddie v. State, 905 S.W.2d 879, 881 (Mo.App.1995). Violations of the rule constitute grounds for the dismissal of the appeal. Jones v. Wolff, 887 S.W.2d 806, 808 (Mo.App.1994). This court is under no obligation to review a brief not in conformity with the rules of appellate procedure. Id.

Rule 84.04(d) provides, in pertinent part:

(d) Points Relied On. The points relied on shall state briefly and concisely what actions or rulings of the court are sought to be reviewed and wherein and why they are claimed to be erroneous, with citations of authorities thereunder. If more than three authorities are cited in support of a point made, the three authorities principally relied on shall be cited first. All authorities discussed in the argument shall be cited under the “Points Relied On.” Long lists of citations should not be included.
Setting out only abstract statements of law without showing how they are related to any action or ruling of the court is not a compliance with this Rule.

Before her jurisdictional statement, Ms. Hayward begins her brief by stating:

COMES NOW Private Missouri Citizen Fairy Hayward, a natural bom white adult female (sui juris) living in Jackson County as a Citizen of the Missouri Republic, and here by special appearance Citizen in party, proceeding at law in summo jure jus regium, and as such without conferring nor consenting to any ministerial strict liability statutory jurisdiction. The Accused under Article V Sec. 1 [“Judicial Power”], enforces all Constitutional limitations and prohibitions against this court, its quasi ministerial jurisdictional capacity and summary proceeding, and the herein stated Plaintiff or prosecution and other interested officers, officials, parties and employees operating in their respective political, corporate artificial capacities within the said country, city and state, and does hereby state and allege as follows:....

This declaration, filled with pseudo-legal mish-mash and arcane phrases making no sense, sets the stage for her points relied on and her entire brief. Because an appellate brief is a communication, the writer typically seeks to be understood, in order that the writer may persuade. Ms. Hayward appears to believe the purpose of a brief is to be obscure and esoteric. Her points relied on are somewhat better than her introduction, but still are lacking in both substance and style:

POINT # 1
The trial court erred in remanding Appellant’s two cases, MA96-0219 and MA96-0220, back to municipal court, because the trial court, contrary to the court’s declaration, had the authority and the force of law to make a determination of the cases, in that the
a). Appellant applied for and paid for a trial de novo,
b). Appellant’s responsive pleadings and the testimonies of Respondent’s witnesses against the Appellant were before the trial court,
c). the Appellant had asked twice for the trial court to make a determination,
d). the judge has the authority to pronounce judgement, and
e). the word “trial” denotes the completion of a process.
POINT # 2
The trial court erred in failing to provide Appellant a Preliminary Hearing prior to the trial, because, in a Preliminary Hear[402]*402ing, the Respondent would had to have proven jurisdiction over the Appellant and Appellant’s property, in that jurisdiction, once challenged, is a primary question of law, and questions of law must be resolved before questions of fact may exist.
POINT # 3
The trial court erred in stating that the only thing the court could do was to remand the cases, MA96-0219 and MA96-0220, back to municipal court for the Appellant to satisfy the lower court’s judgment, because the force of the statement deprived Appellant of a trial on the issues in that (a.) the court had authority and force of law to make a determination of the two cases and (b.) the trial court’s failure to make a determination of the two cases, especially when asked to do so by Appellant, is an obstruction of justice.
POINT # 4

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Bluebook (online)
954 S.W.2d 399, 1997 Mo. App. LEXIS 1448, 1997 WL 453555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-kansas-city-inc-v-hayward-moctapp-1997.