David Call, Appellant, v. Branson Enterprises, L.L.C., and Division of Employment Security, Respondents.
Decision date: Unknown
Opinion
This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Southern District Case Style: David Call, Appellant, v. Branson Enterprises, L.L.C., and Division of Employment Security, Respondents. Case Number: 25150 Handdown Date: 02/14/2003 Appeal From: Labor and Industrial Relations Commission Counsel for Appellant: Pro Se Counsel for Respondent: Marilyn Green & Cynthia Quetsch Opinion Summary: None Citation: Opinion Author: Robert S. Barney, Judge Opinion Vote: DISMISSED. Montgomery, P.J. and Garrison, J., concur. Opinion: David Call ("Appellant") appeals from a final Order of the Labor and Industrial Relations Commission that affirmed the decision of the Appeals Tribunal of the Missouri Division of Employment Security denying his claim for unemployment benefits. This Court dismisses the appeal. Appellant appears pro se. Nevertheless, Appellant "is still bound by the same rules of procedure as are attorneys." Hicks v. Div. of Emp. Sec., 41 S.W.3d 638, 640 (Mo.App. 2001); see also Russell v. Div. of Emp. Sec., 43 S.W.3d 442, 443 (Mo.App. 2001). Appellant's brief fails to comply with almost every applicable provision of Rule 84.04.(FN1) In particular, Appellant's brief fails to contain the following:
- A detailed table of contents. Rule 84.04(a)(1).
- A concise statement of the grounds on which jurisdiction of the review court is invoked. Rule 84.04(a)(2) and
(b).
- An adequate statement of facts. Rule 84.04(a)(3) and (c).
- Any point relied on. Rule 84.04(d)(1).
- An argument, which substantially follows the order of the Points Relied On. Rule 84.04(e).
- Specific page references to the legal file or transcript. Rule 84.04(i).
'While this court recognizes the problems faced by pro se litigants, we cannot relax our standards for non lawyers.' It is not for lack of sympathy but rather it is necessitated by the requirement of judicial impartiality, judicial economy and fairness to all parties. Russell, 43 S.W.3d at 443 (quoting Sutton v. Goldenburg, 862 S.W.2d 515, 517 (Mo.App. 1993) (citation omitted)). "'A failure to substantially comply with Rule 84.04 preserves nothing for appellate review.'" Brumfield v. Div. of Emp. Sec., 54 S.W.3d 741, 742 (Mo.App. 2001) (quoting Burton v. Tucker, 937 S.W.2d 775, 776 (Mo.App. 1997)). "Allegations of error not properly briefed 'shall not be considered in any civil appeal.'" Id.; Rule 84.13(a) Accordingly, we dismiss the appeal. Footnote: FN1.Rule references are to Missouri Court Rules (2002). Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.
Related Opinions
Samantha Bordas, Appellant, vs. FedEx Freight, Inc. and Division of Employment Security, Respondents.(2025)
Missouri Court of Appeals, Eastern DistrictSeptember 30, 2025#ED113329
Jayla Chairse, Appellant, vs. Division of Employment Security, Respondent.(2025)
Missouri Court of Appeals, Eastern DistrictSeptember 16, 2025#ED113189
Board of Education of the City of St. Louis, Appellant, vs. Missouri Charter Public School Commission and Missouri State Board of Education, Respondents.(2025)
Missouri Court of Appeals, Eastern DistrictApril 22, 2025#ED112985
MARK EDWARD HOOD, Petitioner-Appellant v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Respondent-Respondent(2024)
Missouri Court of Appeals, Southern DistrictDecember 17, 2024#SD38450
Dana Jensen vs. Division of Employment Security(2024)
Missouri Court of Appeals, Western DistrictOctober 29, 2024#WD86895