Betty E. Hall, et al., Petitioners/Appellants, v. Eldon Janes, et al., Respondents/Respondents.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: Betty E. Hall, et al., Petitioners/Appellants, v. Eldon Janes, et al., Respondents/Respondents. Case Number: 73296 Handdown Date: 11/17/1998 Appeal From: Circuit Court of Shelby County, Hon. John Moon Counsel for Appellant: Charles E. Rendlen, Jr., and C.E. "Sketch" Rendlen Counsel for Respondent: Robert M. Clayton, III Opinion Summary: Betty E. Hall appeals from the trial court's judgment related to a trust. Current trustees Eldon Janes and Theo Berniece Janes cross-appealed. APPEAL DISMISSED. Northern Division holds: The appeal and the cross-appeal are dismissed for failure to file an adequate record, in particular copies of the trust instrument and amendments, documents necessary to resolve the questions presented on appeal. Rule 81.12(a). Citation: Opinion Author: Mary K. Hoff, Judge Opinion Vote: DISMISSED. R. Dowd, C.J. and Teitleman, J., concur. Opinion: Betty E. Hall (Hall) appeals from the trial court's First Amended Final Judgment which: (1) ordered and decreed that only one trust was created by her mother and father, and the current trustees were Eldon Janes and Theo Berniece Janes (collectively Janes); (2) awarded to Janes (as trustees of the trust) the proceeds of a check and interest in the amount of $1,199.83; (3) awarded no trustee expenses or attorney's fees; and (4) taxed costs against Hall. Janes cross-

appealed from the amount of interest awarded. "The record on appeal shall contain all of the record, proceedings and evidence necessary to the determination of all questions to be presented, by either appellant or respondent, to the appellate court for decision." Rule 81.12(a). "An appeal may be dismissed for failure to file an adequate record." Faith Baptist Church of Berkeley, Inc. v. Heffner, 956 S.W.2d 425, 426 (Mo. App. E.D. 1997). Here, neither Hall nor Janes provided this Court with copies of the trust instrument and amendments, documents "necessary to the determination of all [the] questions" presented in this appeal. Rule 81.12(a). In the absence of such documents, we dismiss the appeal and the cross-appeal for failure to file an adequate record. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.