Fritz v. Fritz

243 S.W.3d 484, 2007 Mo. App. LEXIS 1724
CourtMissouri Court of Appeals
DecidedDecember 18, 2007
DocketNo. ED 89338
StatusPublished
Cited by59 cases

This text of 243 S.W.3d 484 (Fritz v. Fritz) 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
Fritz v. Fritz, 243 S.W.3d 484, 2007 Mo. App. LEXIS 1724 (Mo. Ct. App. 2007).

Opinion

PER CURIAM.

Father, Michael A. Fritz, appeals from the judgment of the trial court modifying the custody provisions of a dissolution decree. Father lodged an original brief that was 10,000 words in excess of the page limit, and father obtained leave to file an amended brief. Mother, Maria A. Fritz, has filed a motion to dismiss father’s appeal because his brief fails to comply with the requirements of Rule 84.04.1 Father’s amended brief and legal file fail to comply with Rules 84.04 and 81.12 so substantially that we cannot review this appeal. The appeal is dismissed.

Points Relied On — Rule 81.01(d)

Each of father’s fourteen points relied on violates Rule 84.04(d). Each point fails to state concisely the legal reasons for the claim of reversible error and to explain in summary fashion why, in the context of this case, those legal reasons support the claim of reversible error, as required by Rule 84.04(d)(1). Further, none of the points follows the form set out in Rule 84.04(d)(1). Each point begins by setting out the judgment itself and the denial of the motion to amend or for new trial as the trial court ruling or action being challenged. This is not a proper statement of an error. “The error contemplated by Rule 84.04(d) in a court-tried case is not the judgment itself but the trial court’s actions or rulings on which the adverse judgment is based.” Wheeler v. McDonnell Douglas Corp., 999 S.W.2d 279, 283 n. 2 (Mo.App.1999).

Next, each point sets out the legal reason for the claim of error as that “the same are against the weight of the evidence, against the weight of the law and constitute an abuse of the trial court’s discretion.” This is an abstract statement reciting the Murphy v. Carrón standard of review,2 which does not comply with Rule 84.04(d)(1)(A) and (B). Paull v. Paull, 819 S.W.2d 68, 72 (Mo.App.1991).

Each point then continues with various specific complaints about actions taken by the trial court. Even if we were to ignore the first part of each point and consider these complaints to be the “error,” they, in turn, are not supported with legal reasons or an explanation of why those legal reasons support a claim of reversible error as required by Rule 84.04(d)(1)(B) and (C). See In re Marriage of Weinshenker, 177 S.W.3d 859, 863 (Mo.App.2005); In re Marriage of Shumpert, 144 S.W.3d 317, 320 (Mo.App.2004); see also Bullock v. State, 213 S.W.3d 142, 144-45 (Mo.App.2006).

Further, most of these points contain multiple complaints, so even if we treated these as “errors,” these points [487]*487would still not comply with the rule that separate errors should be stated in separate points. See Hines v. Smith, 172 S.W.3d 437, 439 n. 4 (Mo.App.2005). “‘When an appellant makes the entire judgment one error and lists multiple grounds therefor, the result is that the point contains multiple legal issues.’ ” Lamar Adver. of Mo., Inc. v. McDonald, 19 S.W.3d 743, 745 (Mo.App.2000) (quoting Wheeler, 999 S.W.2d at 283 n. 2). Multifarious points preserve nothing for review. Hines, 172 S.W.3d at 439 n. 4. Finally, the points are written in such ungrammatical and convoluted fashion that they are difficult to decipher.

“ ‘An insufficient point relied on, which cannot be understood without resorting to the record or the argument portion of the brief, preserves nothing for appellate review.’ ” Roberson v. KMR Const., LLC, 208 S.W.3d 320, 322 (Mo.App.2006) (quoting Coleman v. Gilyard, 969 S.W.2d 271, 274 (Mo.App.1998)); see also Bullock, 213 S.W.3d at 144. In this case, the deficiencies identified in each of the fourteen points relied on would be sufficient standing alone to warrant dismissal. See DeCota Elec. & Indus. Sup. v. Cont. Cas., 886 S.W.2d 940, 941 (Mo.App.1994); see also Roberson, 208 S.W.3d at 323.

Argument — Rule 81.01(e)

In addition, the arguments under each point fail to comply with Rule 84.04(e), and equally preserve nothing for review. To begin, the arguments do not contain a concise statement of the applicable standard of review for each point, as required by Rule 84.04(e). See Totten v. Treasurer of State, 116 S.W.3d 624, 627 (Mo.App.2003).3 Rather, the argument under Point I contains the standard of review set out in Murphy v. Carron, and each of the arguments under the other points incorporates this standard of review by reference. However, most, if not all, of the “errors” mentioned in the arguments under each point, if reviewable, would have a different standard of review, such as abuse of discretion. With one exception, the arguments, in turn, then fail to analyze the error in the context of the appropriate standard of review.

Next, each argument is analytically insufficient. An argument must explain why, in the context of the case, the law supports the claim of reversible error. It should advise the appellate court how principles of law and the facts of the case interact. Davis v. Coleman, 93 S.W.3d 742, 743 (Mo.App.2002); Christomos v. Holiday Inn Branson, 26 S.W.3d 485, 487 (Mo.App.2000). “ ‘If a party fails to support a contention ... with argument beyond conclusions, the point is considered abandoned.’ ” Coleman, 969 S.W.2d at 274 (quoting Luft v. Schoenhoff, 935 S.W.2d 685, 687 (Mo.App.1996)); Estate of Dean v. Morris, 963 S.W.2d 461, 466 (Mo.App.1998). Most of the arguments contain only a bare conclusion without linking that conclusion to specific testimony or evidence and without explaining any rationale supporting the conclusion. See Kent v. Charlie Chicken, II, Inc., 972 S.W.2d 513, 516 (Mo.App.1998). For example, the argument under Point IV merely concludes “review of the transcript as a whole establishes the fact that Appellant met his burden of proof,” but does not set out any evidence demonstrating why he met his burden of proof. Likewise, the argument under Point V challenges the attorney’s fee award but does not analyze the evidence or the applicable law; it just cites a case that requires “unusual circumstances” to support an award and concludes: “No [488]

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Bluebook (online)
243 S.W.3d 484, 2007 Mo. App. LEXIS 1724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fritz-v-fritz-moctapp-2007.