Missouri Court of Appeals, 1976

Stokes v. Kelly

Missouri Court of Appeals · Decided March 30, 1976 · Clemens, Dowd, Stewart

537 S.W.2d 562; 1976 Mo. App. LEXIS 2094 (South Western Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Mayfield v. Metropolitan Life Insurance Co. (Mo. Ct. App. 1979)
Corning Bank v. Hager (Mo. Ct. App. 1978)
Glasnapp v. State Banking Board (Mo. Ct. App. 1976)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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*563garding 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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