McNair v. Jones

892 S.W.2d 338, 1995 Mo. App. LEXIS 163, 1995 WL 34021
CourtMissouri Court of Appeals
DecidedJanuary 30, 1995
Docket19362
StatusPublished
Cited by6 cases

This text of 892 S.W.2d 338 (McNair v. Jones) 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
McNair v. Jones, 892 S.W.2d 338, 1995 Mo. App. LEXIS 163, 1995 WL 34021 (Mo. Ct. App. 1995).

Opinion

MONTGOMERY, Judge.

The parties’ marriage was dissolved in April of 1983. Respondent Deena Marie Jones McNair was awarded custody of the parties’ two minor children. Appellant David Lee Jones was ordered to pay child support in the amount of $25 per week per child. In 1990, Appellant filed a motion to modify the original decree of dissolution of marriage seeking joint legal custody of the minor children and primary physical custody of the eldest child. The trial court sustained Appellant’s motion and also ordered him to pay $40 per week as support for the youngest minor child.

In 1993, Respondent filed a motion to modify seeking primary physical custody of the eldest child along with an order of support, and seeking an increase in the previous award of child support for the youngest child. Appellant filed an amended answer and counter-petition seeking termination of his child support obligation regarding his eldest child *339 due to emancipation. The trial court sustained Respondent’s motion finding that the eldest child was not emancipated and transferred primary physical custody of the eldest child to her. The trial court also entered a support order of $265 per month per child.

Here, Appellant contends that the trial court erred in finding that the eldest child was not emancipated and seeks to avoid his child support obligation for him.

Respondent, by separate motion, urges that we dismiss the appeal, alleging numerous violations by Appellant of Rule 84.04(d). We conclude that Appellant’s points relied on I, II, and III, violate Rule 84.04(d).

We reproduce verbatim Appellant’s four points relied on:

I.
No manifest circumstances existed which would have justified the continuation of support beyond age 18 under § 452.340.3(5) R.S.Mo.
II.
The trial court erred by failing to terminate Appellant’s obligation of support on the older child, Michael, because the court did not specifically provide in its order that manifest circumstances existed which justified the continuation of support beyond age 18.
III.
Michael Lee Jones does not qualify for continued support under § 452.340.4 R.S.Mo. because he is not physically or mentally incapacitated in any way.
IV.
The trial court erred when it found that a waiver of the October 1st deadline in § 452.340.5 occurred because: 1) manifest circumstances did not exist which justified a waiver of the deadline; 2) the October 1st deadline was inapplicable since Michael had enrolled in, and attended, college before the October 1st deadline had arrived; and 3) Michael did not continue to attend college as required by § 452.340.5 R.S.Mo.

Rule 84.04(d) governing an appellant’s points relied on provides:

The points relied on shall state briefly and concisely what actions or rulings of the court are sought to be reviewed and wherein and why they are claimed to be erroneous, with citations of authorities thereunder....
Setting out only abstract statements of law without showing how they are related to any action or ruling of the court is not a compliance with this Rule.

Points relied on that do not meet the requirements of Rule 84.04(d) preserve nothing for review. Thummel v. King, 570 S.W.2d 679, 684-85 (Mo.banc 1978). Thummel sets out the three components of a point relied on as follows:

(1) A concise statement of the challenged action or ruling of the trial court.
(2) A statement why the action or ruling was erroneous.
(3) A statement wherein the testimony or evidence gives rise to the ruling for which appellant contends.

Id. at 684-85.

In the present case Points I, II, and III fail to satisfy the requirements of Rule 84.04(d). In Points I and III, Appellant fails to state the challenged action or ruling of the trial court and fails to include any statement of why the action or ruling of the trial court was erroneous. In Point II, Appellant fails to include a statement wherein the testimony or evidence at trial gives rise to the ruling which Appellant contends.

In Montesano v. James, 655 S.W.2d 137, 139 (Mo.App.1983), the Court stated that “[i]t is not enough for the point, as here, via conclusions of claimed error to simply say the trial court was wrong without alluding to some evidence or testimony which gives support to such conclusions.” Appellant has not, in Points I, II, and III, stated with specificity the testimony or evidence which would support a ruling which Appellant contends. As to these points, we sustain Respondent’s motion. After viewing Point IV in a charitable *340 manner we conclude the motion must be denied as to this point.

Our review of Point IV is governed by Rule 73.01(c). We will affirm the judgment of the trial court on the issue of child support unless it is unsupported by substantial evidence, unless it is against the weight of the evidence, or unless it misstates or misapplies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo.banc 1976). We will defer to the trial court’s determinations of credibility, viewing the evidence and permissible inferences in the light most favorable to the trial court’s decision and disregard all contrary evidence and inferences. Boudreau v. Benitz, 827 S.W.2d 732, 733 (Mo.App.1992).

Michael, the minor child, was born February 14, 1975. At the time of the hearing in November 1993, he was 18 years old and resided with his mother. Michael paid her no money for rent, utilities, food, or household expenses. Michael graduated from high school in May 1993 and immediately enrolled in college. After attending college classes in the summer of 1993 and working full time, he received poor grades. Michael registered for classes for the fall semester of 1993 and paid a $25 deposit. He discontinued his fall enrollment because he lacked financial support from his father. Michael testified that he intended to return to college the next semester and planned to become a veterinarian. At the time of trial, Michael was employed full time and saving money from his job in order to continue his education. Michael attributed his poor grades the previous summer to working full time in addition to attending college.

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Bluebook (online)
892 S.W.2d 338, 1995 Mo. App. LEXIS 163, 1995 WL 34021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcnair-v-jones-moctapp-1995.