Hubbard v. Schaefer Autobody Ctrs., Inc.

561 S.W.3d 458
CourtMissouri Court of Appeals
DecidedOctober 23, 2018
DocketNo. ED 106585
StatusPublished
Cited by7 cases

This text of 561 S.W.3d 458 (Hubbard v. Schaefer Autobody Ctrs., Inc.) 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
Hubbard v. Schaefer Autobody Ctrs., Inc., 561 S.W.3d 458 (Mo. Ct. App. 2018).

Opinion

Colleen Dolan, Judge

I. Introduction

Amber Hubbard ("Claimant") appeals the decision of the Labor and Industrial *460Relations Commission (the "Commission") affirming the decision of the Missouri Division of Employment Security Appeals Tribunal (the "Appeals Tribunal") that Claimant did not show good cause for failing to participate in her Appeals Tribunal hearing. We dismiss Claimant's appeal for failure to comply with the appellate briefing standards of Rule 84.04 and for failure to properly appeal the only ruling made by the Commission.1

II. Factual and Procedural Background

Claimant filed a claim for unemployment benefits after being discharged from her employer, Schaefer Autobody Centers, Inc., ("Employer") on October 6, 2017. A deputy for the Division of Employment Security (the "Division") reviewed Claimant's claim and found that she was ineligible for benefits because she was discharged by Employer for misconduct connected to her work. Specifically, the misconduct was Claimant "clos[ing] the business prior to normal closing time. [Claimant] was not authorized to close the business early." Claimant timely filed an appeal to the Appeals Tribunal. On December 5, 2017, the Appeals Tribunal mailed Claimant a Notice of Telephone Hearing advising her that her hearing was scheduled for December 20, 2017. However, this hearing was postponed and Claimant received notice that her hearing was re-scheduled for December 28, 2017, at 3:45 p.m. The notice instructed Claimant to call a toll-free number and enter an access code at the time of the hearing. The words "YOU MUST CALL " were capitalized and in bold. Claimant did not call into the hearing at the appointed time. On December 29, 2017, the Appeals Tribunal issued an order dismissing her appeal. Subsequently, Claimant filed an Application for Review with the Commission stating that, "I missed my original hearing because I misunderstood that I was supposed to call in for the [hearing], I was awaiting the call and when I realized that I was supposed to call in I called in about 15 minutes later, but the hearing had ended and I immediately call[ed] the main office to explain my circumstances."

In affirming the decision of the Appeals Tribunal, the Commission stated that: "Claimant's allegations, if true, will not support a finding of good cause for claimant's failure to participate in the scheduled hearing. As such, claimant has not made a prima facie showing that claimant is entitled to relief. No purpose would be served by remanding to determine the truth or falsity of the allegations."

This appeal follows.

III. Discussion

In her brief, Claimant argues that the Commission erred in concluding that she committed misconduct by closing the business early because the Commission's decision was not based on competent or substantial evidence. However, the only issue our Court can review is whether the Commission erred in affirming the decision of the Appeals Tribunal that Claimant did not show good cause for failing to participate in her Appeals Tribunal hearing. See Renda v. E. Metal Supply of Missouri, Inc. , 414 S.W.3d 556, 560 (Mo. App. E.D. 2013) (holding that our Court may only address an issue that was determined by the Commission). Because Claimant has failed to comply with Rule 84.04 and has failed to effectively appeal the Commission's decision, we must dismiss the appeal.

Rule 84.04 sets forth mandatory requirements for appellate briefs.

*461King v. King , 548 S.W.3d 440, 442 (Mo. App. E.D. 2018). In the interest of judicial impartiality, judicial economy and fairness to all parties, pro se appellants are held to the same standards as attorneys regarding the mandatory appellate briefing rules. Id. ; Scott v. Potter Elec. Signal Co., 310 S.W.3d 311, 312 (Mo. App. E.D. 2010). All litigants are required to comply with Rule 84.04; an appellate court should not speculate as to the parameters of the appellant's argument because doing so would cast the court in the role of the appellant's advocate. Porter v. Div. of Emp't Sec., 310 S.W.3d 295, 296 (Mo. App. E.D. 2010). "While we prefer to dispose of a case on the merits whenever possible, if the deficiencies in the brief are such that no claims are preserved for appellate review, then we must dismiss the appeal." Scott , 310 S.W.3d at 312.

An appellate 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." Porter, 310 S.W.3d at 296 ; Rule 84.04(a). Claimant's brief lacks several of these elements.

First, Rule 84.04(c) requires that an appellate brief include "a fair and concise statement of the facts relevant to the questions presented for determination without argument...." While Claimant included a statement of facts, it is a narrative concerning the merits of Claimant's underlying unemployment claim, which were not at issue before the Commission and not the subject of its order in this appeal. "A statement of facts containing practically no facts relating to any issue raised on appeal does not comply with Rule 84.04(c)." Jenkins v. Manpower on Site at Proctor & Gamble , 106 S.W.3d 620, 624 (Mo. App. W.D. 2003). Claimant's failure to provide this Court with "an immediate, accurate, complete and unbiased understanding of the facts of the case" constitutes grounds for dismissal of an appeal. Kuenz v. Walker , 244 S.W.3d 191, 193 (Mo. App. E.D. 2007) ; Hankins v. Reliance Auto., Inc. ,

Related

Cite This Page — Counsel Stack

Bluebook (online)
561 S.W.3d 458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hubbard-v-schaefer-autobody-ctrs-inc-moctapp-2018.