Simpson v. Galena R-2 School District

J. Herbert SIMPSON, Plaintiff-Appellant, v. GALENA R-2 SCHOOL DISTRICT, Defendant-Respondent

Simpson v. Galena R-2 Sch. Dist., 809 S.W.2d 457 (Mo. Ct. App. 1991)

Court: Missouri Court of Appeals · State Appellate Courts
Decided: May 20, 1991
Docket: No. 17183
Judges: Per Curiam
Citations: 809 S.W.2d 4571991 Mo. App. LEXIS 7101991 WL 79670

Opinion — Per Curiam

PER CURIAM.

Plaintiff sought to recover $7,696.21 “as payment of uncompensated overtime”. A written contract between the parties was ambiguous as to plaintiff’s compensation. Following nonjury trial, judgment was entered in his favor for $795.59. Plaintiff appeals.

Rule 84.04(a) requires that an appellant’s brief contain a statement of facts and points relied upon. “The statement of facts shall be a fair and concise statement of the facts relevant to the questions presented for determination without argument.” Rule 84.04(c).

“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”. Rule 84.04(d). Neither the statement of facts nor the points relied on complied with Rule 84.04. Because of these deficiencies, nothing was preserved for review by this court.

The transcript reflects 173 pages of testimony. Appellant’s statement of facts has nine references to the transcript. None of these references are to the testimony of witnesses presented by defendant, some of which testimony directly contradicts plaintiff’s evidence. In addition, certain conclusions and arguments are stated in the statement of facts. As a result, respondent’s brief contains over eight pages of facts. Appellant’s statement of facts was less than three and one-half pages in length.

A statement of facts containing argument and failing to present material evidence presented by respondent supporting its position is not a fair statement of facts required by Rule 84.04(c).

Federbush v. Federbush, 667 S.W.2d 457, 458 (Mo.App. 1984);

Pillow v. Sayad, 655 S.W.2d 816 (Mo.App.1983).

Appellant’s points relied on do not state “wherein and why” the trial court erred. Such points do not comply with Rule 84.-04(d).

Thummel v. King, 570 S.W.2d 679, 684-687 (Mo. banc 1978);

Roden v. Tofle, 779 S.W.2d 290, 293 (Mo.App.1989).

A gratuitous examination of the record reveals no error, plain or otherwise by the trial court. There was evidence to support the trial court’s findings regarding the ambiguous portion of the contract.

The judgment is affirmed.

All concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →

State Appellate Courts11

Relies on it most ⓘ

Vodicka v. Upjohn Co.869 S.W.2d 258 (Mo. Ct. App. 1994)
Whalen v. College of the Ozarks, Inc.851 S.W.2d 682 (Mo. Ct. App. 1993)
Clark v. Clark858 S.W.2d 837 (Mo. Ct. App. 1993)
Pemiscot County Memorial Hospital v. Missouri Labor & Industrial Relations Commission825 S.W.2d 61 (Mo. Ct. App. 1992)
In re the Marriage of Kempf825 S.W.2d 667 (Mo. Ct. App. 1992)
Meadows v. Jeffreys929 S.W.2d 746 (Mo. Ct. App. 1996)

Most recent

Walker v. Skaggs Community Hospital935 S.W.2d 370 (Mo. Ct. App. 1996)
Meadows v. Jeffreys929 S.W.2d 746 (Mo. Ct. App. 1996)
Vodicka v. Upjohn Co.869 S.W.2d 258 (Mo. Ct. App. 1994)
Satterlee v. United States862 S.W.2d 365 (Mo. Ct. App. 1993)
Clark v. Clark858 S.W.2d 837 (Mo. Ct. App. 1993)
Whalen v. College of the Ozarks, Inc.851 S.W.2d 682 (Mo. Ct. App. 1993)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

Depth	Case	Cited by
	Thummel v. King, 570 S.W.2d 679 (Mo. 1978)	813
	Federbush v. Federbush, 667 S.W.2d 457 (Mo. Ct. App. 1984)	12
	Roden v. Tofle, 779 S.W.2d 290 (Mo. Ct. App. 1989)	9
	Pillow v. Sayad, 655 S.W.2d 816 (Mo. Ct. App. 1983)	9

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