Downs v. Director of Adult Institutions

40 S.W.3d 19, 2001 Mo. App. LEXIS 366, 2001 WL 212998
CourtMissouri Court of Appeals
DecidedMarch 6, 2001
DocketNo. WD 58753
StatusPublished
Cited by5 cases

This text of 40 S.W.3d 19 (Downs v. Director of Adult Institutions) 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
Downs v. Director of Adult Institutions, 40 S.W.3d 19, 2001 Mo. App. LEXIS 366, 2001 WL 212998 (Mo. Ct. App. 2001).

Opinion

EDWIN H. SMITH, Judge.

William Downs appeals from the circuit court’s order dismissing, for failure to state a claim upon which relief could be granted, his petition for declaratory judgment in which he sought a declaration by the court that the respondent, George Lombardi, the Director of Adult Institutions of the Missouri Department of Corrections, had acted unlawfully in allowing his inmate account to be debited for payment of filing fees for civil lawsuits filed by the appellant, as authorized by § 506.3721 and § 217.260.6, such that his account was reduced to a zero balance.

The appellant raises what he denominates as two points on appeal. Because he fails to substantially comply with the requirements of Rule 84.04(d),2 we cannot review on the merits and dismiss.

Facts

On June 7, 1994, the appellant was convicted in the Circuit Court of Boone County, Missouri, of second degree assault, § 565.060, and armed criminal action, § 571.015. On July 11, 1994, he was sentenced to consecutive terms of three years imprisonment on each count and was subsequently incarcerated at the Western Missouri Correctional Center in Cameron, Missouri.

While in prison, the appellant filed various pro se civil cases in both federal and state courts. The filing of these cases necessitated the payment of filing fees, payable from the appellant’s prison account. As a result, the appellant’s account was reduced to zero.

On May 24, 2000, the appellant filed a petition for declaratory judgment in the Circuit Court of Cole County, Missouri, seeking a declaration by the court that the Missouri Department of Corrections could not reduce his account to zero. On June 7, 2000, the trial court found that the appellant’s petition failed to state a claim upon which relief could be granted and dismissed it.

This appeal follows.

I.

Because we must determine, sua sponte, our jurisdiction, Hall v. Mo. Bd. of Prob. & Parole, 10 S.W.3d 540, 542-43 (Mo.App. [21]*211999) (citations omitted), we first must address whether or not the appellant’s facially deficient points relied on sufficiently comply with Rule 84.04(d), which sets forth the requirements for a valid point relied on, to invoke our jurisdiction. We find that they do not.

The current version of Rule 84.04 provides, in pertinent part:

(d) Points Relied On.
(1) Where the appellate court reviews the decision of a trial court, each point shall:
(A) identify the trial court ruling or action that the appellant challenges;
(B) state concisely the legal reasons for the appellant’s claim of reversible error; and
(C) explain in summary fashion why, in the context of the case, those legal reasons support the claim of reversible error.
The point shall be in substantially the following form: “The trial court erred in [identify the challenged ruling or action], because [state the legal reasons for the claim of reversible error], in that [explain why the legal reasons, in the context of the case, support the claim of reversible error].”
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(4) Abstract statements of law, standing alone, do not comply with this rule. Any reference to the record shall be limited to the ultimate facts necessary to inform the appellate court and the other parties of the issues. Detailed evidentiary facts shall not be included.

Thus, the rule requires that each point relied on: (1) identifies the trial court’s ruling or action that the appellant is challenging on appeal; (2) states the legal reasons for the appellant’s claim of reversible error; and (3) explains in summary fashion why, in the context of the case, those legal reasons support the claim of reversible error. Wilson v. Carnahan, 25 S.W.3d 664, 666 (Mo.App.2000) (citations omitted). “The function of this rule 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 presented for review.” Id. (citations omitted). Rule 84.04(d) “ ‘sets forth a form for a point relied on that satisfies the [rule’s] requirements.’ ” Id. (quoting In re Marriage of Wright, 990 S.W.2d 703, 708 (Mo.App.1999)).

“Insufficient points relied on preserve nothing for this court to review, and, as such, [violations of Rule 84.04 are grounds for a court to dismiss an appeal.” Wilson, 25 S.W.3d at 667 (citations omitted).

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. Deficient points relied on force the appellate court to search the argument portion of the brief or the record itself to determine and clarify the appellant’s assertions, thereby wasting judicial resources, and, worse yet, creating the danger that the appellate court will interpret the appellant’s contention differently than the appellant intended or his opponent understood.

Hall, 10 S.W.3d at 544-45 (quoting Myrick v. Eastern Broad., Inc., 970 S.W.2d 885, 886 (Mo.App.1998)). “ ‘It is not the function of the appellate court to serve as advocate for any party to an appeal.’ ” Shochet v. Allen, 987 S.W.2d 516, 518 (Mo.App.1999) (quoting Thummel v. King, 570 S.W.2d 679, 686 (Mo. banc 1978)).

“Pro se appellants are held to the same procedural rules as attorneys and do not receive preferential treatment regard[22]*22ing compliance with rules of procedure such as Rule 84.04.” Shochet, 987 S.W.2d at 518. “ “While this court recognizes the problems faced by pro se litigants, we cannot relax our standards for non lawyers.’ ” Wilson, 25 S.W.3d at 667 (quoting Murphy v. Shur, 6 S.W.3d 207, 208 (Mo.App.1999)).

In this case, both of the appellant’s points relied on fail to comply with the requirements of Rule 84.04(d). His first point consists of seven numbered paragraphs covering one and one-half pages, while his second point consists of six numbered paragraphs slightly more than one page long.3 Besides not being substantially in the suggested form as set out in the rule, nowhere do the appellant’s points identify the trial court’s ruling or rulings which the appellant is challenging on appeal or even state that “the trial court erred”; nor do they set out concisely the legal reasons for the claim of reversible error or the factual basis therefor, as required by the rule. Rule 84.04(d); Thummel, 570 S.W.2d at 686-87. In fact, “the appellant’s points are ‘so nebulous that it is impossible to identify which of several possible claims’ he is attempting to raise in each point.” Hall, 10 S.W.3d at 544 (quoting J.A.D. v.

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Bluebook (online)
40 S.W.3d 19, 2001 Mo. App. LEXIS 366, 2001 WL 212998, Counsel Stack Legal Research, https://law.counselstack.com/opinion/downs-v-director-of-adult-institutions-moctapp-2001.