Stokes v. Kelly

Russell T. STOKES, Jr. v. Joseph J. KELLY, Jr., and Edward Fischer

Stokes v. Kelly, 537 S.W.2d 562 (Mo. Ct. App. 1976)

Court: Missouri Court of Appeals · State Appellate Courts
Decided: March 30, 1976
Docket: No. 36747
Judges: Clemens, Dowd, Stewart
Citations: 537 S.W.2d 5621976 Mo. App. LEXIS 2094

Cited by 3

Opinion of the Court — Clemens

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CLEMENS, Presiding Judge.

In an action for unpaid architectural fees plaintiff had a verdict and judgment. Defendants appeal, but their brief fails to comply with rules of appellate procedure.

Rule 84.04(d) requires appellants’ briefs to state the points relied on, pointing out “what actions or rulings of the court are sought to be reviewed and wherein and why they are claimed to be erroneous.” Disre *563 garding that simple rule, these appellants’ points relied on are these:

“I. The court erred in allowing plaintiff to testify that the homes were built from plaintiff’s plans.

“II. The court erred in not directing a verdict for defendants because plaintiff failed to prove the essential elements of his case.”

Appellants’ brief obviously fails to comply with Rule 84.04(d). In accord with Rule 84.08, we dismiss the appeal, for the reasons stated by this court in Kellin v. ACF Industries, 528 S.W.2d 533 (Mo.App.1975) and Donnell v. Vigus Quarries, Inc., 489 S.W.2d 223 (Mo.App.1973).

DOWD and STEWART, JJ., concur.

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Cited by 3 cases

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State Appellate Courts3

Relies on it most ⓘ

Glasnapp v. State Banking Board545 S.W.2d 382 (Mo. Ct. App. 1976)
Mayfield v. Metropolitan Life Insurance Co.585 S.W.2d 163 (Mo. Ct. App. 1979)
Corning Bank v. Hager560 S.W.2d 892 (Mo. Ct. App. 1978)

Most recent

Mayfield v. Metropolitan Life Insurance Co.585 S.W.2d 163 (Mo. Ct. App. 1979)
Corning Bank v. Hager560 S.W.2d 892 (Mo. Ct. App. 1978)
Glasnapp v. State Banking Board545 S.W.2d 382 (Mo. Ct. App. 1976)

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 2

Depth	Case	Cited by
	Donnell v. Vigus Quarries, Inc., 489 S.W.2d 223 (Mo. Ct. App. 1972)	28
	Kellin v. ACF Indus., 528 S.W.2d 533 (Mo. Ct. App. 1975)	4

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