Missouri Court of Appeals, 1990

Callier v. Callier

Callier v. Callier
Missouri Court of Appeals · Decided June 26, 1990
793 S.W.2d 164; 1990 Mo. App. LEXIS 978; 1990 WL 89561 (South Western Reporter, Second Series)

Callier v. Callier

Opinion of the Court

PER CURIAM:

Defendants appeal from a summary judgment for plaintiff on his petition for dissolution of defendant Missouri corporation. We dismiss.

Defendants’ sole point on appeal follows:

The trial court erred in granting [plaintiff’s] motion to dismiss [defendants’] counter claim, in striking portions of [defendants’] pleadings and in granting summary judgment on behalf of [plaintiff].

The point fails to state wherein and why the court’s rulings are erroneous, a fatal violation of Rule 84.04(d). See, e.g., Thummel v. King, 570 S.W.2d 679, 684-87 (Mo. banc 1978). Defendants have also failed to set out a fair and concise statement of the facts without argument in their brief, a violation of Rule 84.04(c). See, Porter’s Ready-Built, Inc. v. Plummer, 685 S.W.2d 236, 237 (Mo.App. 1985). It is appropriate for this Court to refuse to review an appeal based on a defective brief. See, McKee v. Wilmarth, 771 S.W.2d 955, 956-957 (Mo.App. 1989).

Defendants’ appeal is, therefore, dismissed.

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