Opinion
WD 82894
11-24-2020
MGE CAPITAL, LLC, Appellant, v. SPIRE MISSOURI, INC., f/k/a Laclede Gas Company, Respondent.
David A. Schatz and Thomas Hiatt, Kansas City, MO, Attorneys for Appellant. JoAnn T. Sandifer, St. Louis, MO, Attorney for Respondent.
David A. Schatz and Thomas Hiatt, Kansas City, MO, Attorneys for Appellant.
JoAnn T. Sandifer, St. Louis, MO, Attorney for Respondent.
Before Division One: Thomas N. Chapman, Presiding Judge, and Mark D. Pfeiffer and W. Douglas Thomson, Judges
Order
Per Curiam: MGE Capital, LLC appeals from the judgment entered by the Circuit Court of Jackson County, Missouri, after a jury verdict in MGE's favor in its breach of contract action against Spire Missouri, Inc., f/k/a Laclede Gas Company ("Laclede"). MGE also appeals from the order entered by the trial court granting Laclede's motion for partial summary judgment. Because a published opinion would have no precedential value, we have instead provided the parties an unpublished memorandum of law explaining our ruling. The judgment is affirmed. Rule 84.16(b).
On appeal, Laclede filed a Motion to Dismiss because of MGE's failure to comply with Rule 84.04(c), (d), and (e). The motion was taken with the case. "Whether to dismiss an appeal for briefing deficiencies is discretionary." McDowell v. St. Luke's Hosp. of Kansas City , 572 S.W.3d 127, 130 n.1 (Mo. App. W.D. 2019) (internal quotation marks omitted). "It is always our preference to resolve an appeal on the merits of the case rather than to dismiss an appeal for deficiencies in the brief." Id. (internal quotation marks omitted). "While [MGE's] brief may be deficient, the deficiencies do not impede our ability to decide the legal issues presented." Id. Laclede's motion is denied.
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