Holland v. Crow

203 S.W.3d 295, 2006 Mo. App. LEXIS 1553, 2006 WL 2973021
CourtMissouri Court of Appeals
DecidedOctober 19, 2006
DocketNo. 27546
StatusPublished
Cited by29 cases

This text of 203 S.W.3d 295 (Holland v. Crow) 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
Holland v. Crow, 203 S.W.3d 295, 2006 Mo. App. LEXIS 1553, 2006 WL 2973021 (Mo. Ct. App. 2006).

Opinion

NANCY STEFFEN RAHMEYER, Presiding Judge.

Jenny Karleen Crow (“Mother”) appeals from a modification of a custody order. We affirm.

On February 21, 2003, a paternity judgment was entered designating the custodial rights and obligations of Mother, Thomas Jason Holland (“Father”) and Thomas Jackson Holland and Alice Faye Holland (“Grandparents”), as intervenors, to a minor child. Mother and Father were awarded the joint legal and physical custody of the child; however, the home of Grandparents was designated as the minor child’s physical residence. Father subsequently filed a motion to modify the previous child custody and visitation order and requested sole legal and physical custody. Mother filed a counter-motion to modify seeking joint legal custody with primary physical custody subject to reasonable visitation for Father. As prior intervenors, Grandparents filed answers to the two motions and requested that both motions be dismissed, but did not file a pleading requesting affirmative relief. Father dismissed his motion on the date of the hearing. The trial court entered a judgment of modification and a new Parenting Plan awarding Grandparents “sole physical and sole legal custody” of the minor child. Mother and Father were awarded reasonable visitation.1

Mother brings one point on appeal; however, discerning the issue in the point is difficult.2 The point is as follows:

This Court should reverse the trial court decision because it modified the parties joint legal and joint physical custody to sole legal with sole physical custody to Inte[r]venors and its modification of the custodial period of [Mother] was manifestly erroneous, was not supported by evidence, was against the weight of substantial evidence, and the welfare of the child requires a different result; because the trial court abused its discretion in not considering nor making any specific findings as to the relevant factors of section 452.375.2 RSMo and 452.410 RSMo, it failed to determine the best interest of the minor child as required by 452.375.6 RSMo; because the trial court abused its discretion in not considering nor making any findings with reference to the public policy of the State of Missouri declared in section 452.375.4 RSMo as required by section 452.375.6 RSMo, because the trial court abused its discretion and was arbitrary in its reduction of custody by [Mother] absent any specific findings as required by section 452.400.2 RSMo, because the trial court abused its discretion in not considering the alienation of a relationship between [Mother] and the minor child caused by [Father] and [Grandparents] and failing to making [sic] specific findings as to how the visitation arrangements made by the court serve the welfare of the child as required by section 452.400.1 RSMo.

[299]*299Initially, we note that the first phrase challenges the modification as “manifestly erroneous, not supported by evidence, against the weight of the evidence.” Mother then asserts throughout her Point Relied On that the trial court abused its discretion. The correct standard to challenge a trial court’s decision in a child custody modification is whether the judgment is supported by substantial evidence, is not against the weight of the evidence, and does not erroneously declare or apply the law. Speer v. Colon, 155 S.W.3d 60, 61 (Mo. banc 2005).

Further, we are hampered in discerning the point because Mother’s point fails to cite any facts to support an allegation that the trial court’s decision was manifestly erroneous, not supported by the evidence, against the weight of the evidence or an abuse of discretion. Rule 84.04(d)(1) requires that in addition to stating the challenged decision of the trial court and the legal basis for claiming reversible error, each point relied on must state facts that demonstrate how, in the context of the case, the trial court erred. Rule 84.04(d)(1).3 It is not sufficient to merely set out in the point what the alleged errors are without stating why the ruling is erroneous. Cook v. State, 193 S.W.3d 378, 382 (Mo.App. S.D.2006).

Mother’s argument is similarly deficient. After giving the standard of review in custody cases, Mother simply states each of the statutes which set forth what a trial court is to consider in creating a custody arrangement that is in the best interest of the children involved. She then argues the trial court failed to include any findings of fact in its judgment and cites to Speer for the proposition that findings are mandatory and the judgment should be reversed for a failure to make mandatory findings. Mother concludes by stating that even if the findings were not necessary, the decision should be reversed because it was not supported by substantial evidence, was against the weight of the evidence and the welfare of the child requires a different result. She utterly fails to show the interaction between the principles of law and the facts of her case. See Christomos v. Holiday Inn Branson, 26 S.W.3d 485, 487 (Mo.App. S.D.2000) (finding that “[a]n argument [portion of appellant’s brief] should show how the principles of law and the facts of the case interact.”). We are not assisted in our search of the facts because Mother’s Statement of Facts, aside from a procedural history, is simply a statement of her allegations against Father and Grandparents.

We would certainly be justified in dismissing Mother’s appeal for failure to abide by Rule 84.04, as a failure to substantially comply with that rule preserves nothing for appellate review. Libberton v. Phillips, 995 S.W.2d 66, 67 (Mo.App. S.D.1999). Notwithstanding, this Court may relax the rigid requirements of Rule 84.04 when the case relates to the welfare of children. Stangeland v. Stangeland, 33 S.W.3d 696, 703 (Mo.App. W.D.2000). In such cases, this Court may “review the issues presented on their merits, provided ‘the argument is sufficient in conjunction with the points relied on to ascertain the issues being raised.’ ” Id. (quoting Landry v. Miller, 998 S.W.2d 837, 841 (Mo.App. W.D.1999), abrogated on other grounds by In re McIntire, 33 S.W.3d 565, 567 (Mo.App. W.D.2000)).

Therefore, we too will attempt to review the issue which we believe Mother is addressing in her point and argument. Mother’s argument begins, “This Court should reverse the trial court’s decision [300]*300because it did not take into consideration the relevant statutory factors and public policy nor was it supported by substantial evidence.” The actual thrust of Mother’s point then, as best we can discern, is that she claims that the trial court erred in not making any specific findings as to sections 452.400.1, 452.400.2, 452.375.6, 452.375.2, 452.375.4, and 452.410.4 We will address Mother’s complaints as to each of these statutes in turn.

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Bluebook (online)
203 S.W.3d 295, 2006 Mo. App. LEXIS 1553, 2006 WL 2973021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holland-v-crow-moctapp-2006.