In Re HB

165 S.W.3d 578
CourtMissouri Court of Appeals
DecidedJune 29, 2005
Docket26446, 26449
StatusPublished

This text of 165 S.W.3d 578 (In Re HB) 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
In Re HB, 165 S.W.3d 578 (Mo. Ct. App. 2005).

Opinion

165 S.W.3d 578 (2005)

In the Interest of H.B. and H.D.,
Roxie Fausnaught, Appellant,
v.
The Newton County Juvenile Office, Respondent.

Nos. 26446, 26449.

Missouri Court of Appeals, Southern District, Division One.

June 29, 2005.

*579 Appellant, pro se.

No Appearance for Respondent.

Before GARRISON, P.J., PREWITT, J., and RAHMEYER, J.

PER CURIAM.

Roxie Fausnaught ("Appellant"), maternal grandmother of H.B. and H.D., filed a motion to intervene in cases pending in the Circuit Court of Newton County in which her four grandchildren were placed in foster care after a protective custody hearing was held on April 22, 2004, due to an emergency removal by the Division of Family Services ("DFS") on April 9, 2004. Her motion to intervene was denied and she now appeals the denial pro se. We have consolidated the two appeals.

The record is devoid of any evidence regarding the type of case from which Appellant appeals. While the record reveals that her four grandchildren were taken from her daughter and placed in protective custody, the legal file provides no indication as to whether or not Appellant would have a right to intervene. Appellant only requested a legal file from the trial court from April 9, 2004, until the date her appeal was filed. Nothing in the docket sheet guides us to understand the issues in the case Appellant appeals. Further, the notice of appeal only provides that this was a juvenile case where the judge ruled that the natural grandparent could not intervene.

It is necessary that we address obvious deficiencies in Appellant's brief. Both attorneys and pro se appellants are held to the same procedural rules, thus pro se appellants do not receive preferential treatment regarding compliance with these rules. Hardin v. State, 51 S.W.3d 129, 130 (Mo.App. W.D.2001). Due to multiple violations of the Rules of Civil Procedure in Appellant's brief, we dismiss the appeal.

In this case, Appellant did not submit a complete record on appeal. A trial transcript must be submitted as part of the record on appeal in order for this Court to make a determination of the issues raised. State v. Logan, 46 S.W.3d 590, 591 (Mo.App. E.D.2001); Rule 81.12(a).[1] Appellant admits in her brief that she did not file a transcript, saying "Appellant also was unable to purchase a trial transcript thanks to Judge Selby's refusal to allow Appellant's lawful in forma pauperis status." Rule 81.12(a) states:

The record on appeal shall contain all of the record, proceedings and evidence necessary to the determination of all questions to be presented, by either appellant or respondent, to the appellate court for decision.

The docket sheet stated that the trial court denied Appellant's motion to intervene because "[i]ntervener [sic] resides with alleged perpetrator[.]" We cannot begin to determine whether this ruling was erroneous without a complete record. It is the Appellant's responsibility to provide all documents in the record necessary to decide the issues. Rule 81.12(c). Without this information, we are unable to determine whether the trial court erred, thus leaving nothing for this Court to review. Id.

In addition, a violation of Rule 84.04 is grounds for us to dismiss an appeal. Stickley v. Auto Credit, Inc., 53 S.W.3d 560, 562 (Mo.App. W.D.2001). Here, Appellant's points relied on fail to comply with the requirements of Rule 84.04. The nine points relied on in Appellant's brief state:

1. The trial court erred in dismissing Appellant's Motion to Intervene by unlawfully *580 claiming that since Appellant `lived with alleged perpetrator' prior to the scheduled Adjudication Hearing, that the trial court was proceeding on the basis of that which hadn't been proven, thus making a judgment ex parte on that which hadn't been proven yet, but in addition allowing the violation of RSMo 210.183 requiring the Newton County Juvenile Office and Children's Division investigators to provide a written description of the investigation process. Also lacking was any attempt to complete the investigation within 30 days or a ninety day report with the results according to the dictates of Revised Statute of Missouri (RSMo) § 210.183. Therefore, there being no lawfully accused `alleged perpetrator,' Appellant couldn't have her motion to intervene lawfully denied on that basis by the Newton County Juvenile Division trial court.
2. The trial court erred in dismissing Appellant's Motion to Intervene by unlawfully claiming that since Appellant "states purpose was for discover" that this was another reason for denying Appellant's Motion To Intervene.
3. The trial court erred before dismissing Appellant's Motion to Intervene unlawfully as proven by his conduct in having Appellant's domestic partner falsely arrested on April 15, 2004, covering up with this false arrest by means of threatening Appellant with bogus and unlawful contempt of court charges, of allowing the Division III court clerks to tamper with the official records and refusing to release these records to legitimate parties to this action, and again threatening Appellant's domestic partner with false arrest and contempt of court.
4. The trial court erred after having unlawfully destroyed Appellant's Motion to Intervene, Judge Kevin Lee Selby denied Appellant's right to file a Notice of Appeal in forma pauperis, without even bothering to ask Appellant her financial circumstances as being solely on a VA widow's pension. Then, upon receipt of a letter from Appellant notifying the Newton County Juvenile Court that she could only afford to borrow from Appellant's domestic partner the $70 docket fee for only two grandchildren, Judge Selby justified his refusal by claiming to know the circumstances behind Appellant's lawyer, who Judge Selby had rendered worthless in representing her. Appellant also was unable to purchase a trial transcript thanks to Judge Selby's refusal to allow Appellant's lawful in forma pauperis status.
5. The trial court erred after dismissing Appellant's Motion to Intervene unlawfully as proven by his conduct in refusing to initially sign a final judgment order, in allowing his court clerks to refuse to provide the legal files for Appellant's Record on Appeal and in threatening Appellant's domestic partner, Martin Lindstedt from helping Appellant with her appeal with false arrest and contempt of court for entering the Division III clerk's office.
6. The trial court erred in appointing as guardian ad litem Attorney Anne Wells given that she had a conflict of interest in that she unlawfully as an appointed municipal judge had threatened to put into jail unless Appellants [sic] domestic partner Martin Lindstedt left an open public municipal court in Granby, Missouri on Sept. 10, 2003 and had falsely arrested and jailed Martin Lindstedt on Feb. 23, 2004 for `Disturbing a Judicial Proceeding' when he argued with Attorney Wells over transferring four traffic tickets from Diamond, Missouri to Newton County for jury trial. While these false charges were dismissed, however, Attorney Wells should have revealed her conflict of interest and *581

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Related

Patterson v. Waterman
96 S.W.3d 177 (Missouri Court of Appeals, 2003)
Lemay v. Hardin
108 S.W.3d 705 (Missouri Court of Appeals, 2003)
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134 S.W.3d 820 (Missouri Court of Appeals, 2004)
Speer v. K and B Leather Co.
150 S.W.3d 387 (Missouri Court of Appeals, 2004)
Shochet v. Allen
987 S.W.2d 516 (Missouri Court of Appeals, 1999)
Hardin v. State
51 S.W.3d 129 (Missouri Court of Appeals, 2001)
White v. Darrington
91 S.W.3d 718 (Missouri Court of Appeals, 2002)
Schubert v. Trailmobile Trailer, L.L.C.
111 S.W.3d 897 (Missouri Court of Appeals, 2003)
Stickley v. Auto Credit, Inc.
53 S.W.3d 560 (Missouri Court of Appeals, 2001)
Kent v. Charlie Chicken, II, Inc.
972 S.W.2d 513 (Missouri Court of Appeals, 1998)
Murphy v. Aetna Casualty & Surety Co.
955 S.W.2d 949 (Missouri Court of Appeals, 1997)
State v. Logan
46 S.W.3d 590 (Missouri Court of Appeals, 2001)
Fausnaught v. Newton County Juvenile Office
165 S.W.3d 578 (Missouri Court of Appeals, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
165 S.W.3d 578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hb-moctapp-2005.