Stickley v. Auto Credit, Inc.

53 S.W.3d 560, 2001 Mo. App. LEXIS 1220, 2001 WL 798687
CourtMissouri Court of Appeals
DecidedJuly 17, 2001
DocketWD 58500
StatusPublished
Cited by36 cases

This text of 53 S.W.3d 560 (Stickley v. Auto Credit, 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
Stickley v. Auto Credit, Inc., 53 S.W.3d 560, 2001 Mo. App. LEXIS 1220, 2001 WL 798687 (Mo. Ct. App. 2001).

Opinion

ULRICH, Judge.

Cathy and David Stickley appeal the summary judgment of the circuit court entered in favor of the respondent, Auto Credit, Inc., and against the Stickleys as it relates to both Auto Credit’s action for unlawful detainer and the Stickleys’ counter-claims for fraud, trover and conversion, intentional infliction of emotional distress, and negligent infliction of emotional distress. The claims arose out of the sale and purchase of an automobile from Auto Credit to the Stickleys without a proper assignment of certificate of title. The Stickleys raise three points on appeal in which they claim the trial court erred, on various grounds, in entering summary judgment in favor of Auto Credit. Auto Credit filed a motion to dismiss the Stick-leys’ appeal for failure to comply with the requirements of Rule 84.04. The motion was ordered taken with the case.

Because it is dispositive of this appeal, Auto Credit’s motion to dismiss is addressed. In its motion to dismiss, Auto Credit alleges various deficiencies in the Stickleys’ brief. Auto Credit asserts that the numerous deficiencies in the statement of facts, the points relied on, and the argu *562 ment violate the mandatory briefing requirements of Rule 84.04.

Compliance with Rule ' 84.04 briefing requirements is mandatory in order to ensure that appellate courts do not become advocates by speculating on facts and arguments that have not been asserted. Wilson v. Carnahan, 25 S.W.3d 664, 667 (Mo.App. W.D.2000). “It is not the function of the appellate court to serve as advocate for any party to an appeal.” Id.

Statement of Facts: Rule 84.04(c) and (i)

Rule 84.04(c) requires that the statement of facts in an appellant’s brief “be a fair and concise statement of the facts relevant to the questions presented for determination without argument.” Rule 84.04(c). These requirements regarding the statement of facts section of an appellant’s brief serve to define the scope of the controversy and afford the appellate court an immediate, accurate, complete, and unbiased understanding of the facts of the case. Perkel v. Stringfellow, 19 S.W.3d 141, 146 (Mo.App. S.D.2000). “A statement of facts that consists of nothing more than an abbreviated procedural history fails to provide an understanding of the case and is deficient.” Parnes v. Centertainment, Inc., 14 S.W.3d 145, 147 (Mo.App. W.D.2000) (quoting Angle v. Grant, 997 S.W.2d 133, 134 (Mo.App. S.D.1999)). Failure to conform the statement of facts to the requirements of Rule 84.04(c) constitutes grounds for dismissal. McKee v. Wilmarth, 771 S.W.2d 955, 956 (Mo.App. W.D.1989).

The statement of facts in the Stick-leys’ brief contains an extensive, but unnecessary, procedural history of the case but fails to provide sufficient facts relating to the controversy on appeal. The few facts asserted in this section are concluso-ry and argumentative. The Stickleys assert statements not supported by page references to the legal file or transcript as required by subparagraph (i) of Rule 84.04. Additionally, in the last paragraph of the statement of facts section, the Stickleys simply incorporate by reference the pleadings, motions and suggestions in support and opposition thereto in an attempt to shorten the statement of facts. This very statement defeats the purpose of a clear and concise statement of facts and requires this court to delve into the record to garner a complete and accurate understanding of the case, which this court is not obligated to do. Wilson, 25 S.W.3d at 667. Because of the lack of a proper statement of facts, the Stickleys’ brief is not understandable without continuous reference to the record on appeal.

Points Relied On: Rule 84.04(d)

Rule 84.04(d) requires that the points relied on shall state briefly and concisely what actions or rulings of the court are challenged and why, in the context of the case, the legal reasons identified support the claim of reversible error. Rule 84.04(d). The points should be followed by a list of citations of authorities, including cases, not to exceed four, and constitutional, statutory and regulatory provisions or other authority upon which a party principally relies. Rule 84.04(d). The purpose of these briefing requirements regarding points relied on is to give “notice to the party opponent of the precise matters which must be contended with and answered” and “to inform the court of the issues presented for resolution.” Perkel, 19 S.W.3d at 147 (quoting Thummel v. King, 570 S.W.2d 679, 685-86 (Mo. banc 1978)). Failure to conform the points relied on to the requirements of Rule 84.04(d) constitutes grounds for dismissal. McKee, 771 S.W.2d at 957.

The Stickleys’ points relied on read:

*563 I.
The Circuit Court of Jackson County, Missouri, Division 18, erred in sustaining the motion of Plaintiff, Auto Credit, Inc., for summary judgment on all claims presented in its Petition, because it affirmatively pleaded a fact which was admitted by the Defendant and which together with the testimony of Plaintiffs alter-ego, Michael L. Leonard, conclusively showed that Plaintiffs Petition failed to state any claim or cause of action upon which relief could have been granted, in that the aforesaid pleading and testimony conclusively showed that Plaintiff purchased the automobile from another in violation of Missouri Revised Statutes Annotated § 301.210(4) and, therefore, never obtained the ownership or the right to possession of the vehicle which Plaintiff later attempted to sell to Defendants.
II.
The Circuit Court, Division 18, erred in completely reversing the judgment of a trial judge in a bench tried case, because after Plaintiff requested and was granted a trial de novo and demanded a jury trial, then abandoned the granting of a trial de novo at its request and its demand for jury trial and, thereafter, filed its Motion for Summary Judgment in its favor on its Petition and all counts on Defendants’ counterclaims, in that Plaintiff never presented any evidence of any kind in support of its Petition or in opposition to Defendants’ Counterclaims and had never filed any pleading in opposition to Defendants’ Counterclaims or sought relief therefrom in its trial motion.
III.
The Circuit Court, Division 18, erred in overruling Defendants’ motion for an order to compel Plaintiffs alter-ego, Michael L.

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Bluebook (online)
53 S.W.3d 560, 2001 Mo. App. LEXIS 1220, 2001 WL 798687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stickley-v-auto-credit-inc-moctapp-2001.