The appellant alone has the duty to furnish a sufficient record on appeal, which shall contain a legal file and transcript. Id. ; Dale v. Director, Missouri Dept. of Social Services, Family Support and Children’s Div. , 285 S.W.3d 770, 772 (Mo. App. S.D. 2009). Where an appellant fails to provide this Court with everything necessary to determine all of the questions presented by his appeal, dismissal is required. State ex rel. Koster v. Whispering Oaks Residential Care Facility, LLC , 479 S.W.3d 689, 691 (Mo. App. E.D. 2015) ; Dale , 285 S.W.3d at 772 ; Bishop v. Heartland Chevrolet, Inc. , 152 S.W.3d 893, 897 (Mo. App. W.D. 2005).
This court's review is based only on the record on appeal and an appellant has the duty to furnish the records necessary to review issues. Dale v. Dir., Mo. Dept. of Soc. Servs., Family Support & Children's Div., 285 S.W.3d 770, 772 (Mo.App.S.D. 2009). As all of the issues raised on appeal have an evidentiary basis, without a trial transcript, this court “lack[s] the necessary information to rule with any degree of confidence in the fairness, reasonableness and accuracy of our final conclusion.”
This court's review is based only on the record on appeal and an appellant has the duty to furnish the records necessary to review issues. Dale v. Dir., Mo. Dept. of Soc. Servs., Family Support & Children's Div., 285 S.W.3d 770, 772 (Mo.App.S.D. 2009). As all of the issues raised on appeal have an evidentiary basis, without a trial transcript, this court “lack[s] the necessary information to rule with any degree of confidence in the fairness, reasonableness and accuracy of our final conclusion.”
“This court's review is based only on the record on appeal.” Dale v. Director, Mo. Dept. of Soc. Servs., Family Support & Children's Div., 285 S.W.3d 770, 772 (Mo.App. S.D.2009). It is the appellant's burden to supply the record necessary for our review. O'Bernier v. R.C. & Assocs., Inc., 47 S.W.3d 422, 423 (Mo.App. S.D.2001).
Without a transcript, appellate courts “lack the necessary information to rule with any degree of confidence in the fairness, reasonableness and accuracy of our final conclusion.” Dale v. Dir., Mo. Dept. of Soc. Servs., Family Support & Children's Div., 285 S.W.3d 770, 772 (Mo.App.2009). Consequently, an incomplete record on appeal warrants reversal if the appellant can demonstrate that (1) due diligence was employed in an attempt to correct the shortcomings and (2) the incomplete nature of the record prejudiced him.
"This court's review is based only on the record on appeal." Wagner v. Bondex Int'l, Inc. , 368 S.W.3d 340, 357 (Mo. App. W.D. 2012) (citing Dale v. Director, Mo. Dept. of Soc. Servs., Family Support & Children's Div. , 285 S.W.3d 770, 772 (Mo. App. S.D. 2009) ). We prefer to resolve appeals on the merits, but we cannot do so when there is not an adequate record of circuit court proceedings.
"Without a transcript, we lack the necessary information to rule with any degree of confidence in the fairness, reasonableness and accuracy of our final conclusion." Dale v. Dir., Mo. Dep't of Soc. Servs., Family Support & Children's Div., 285 S.W.3d 770, 772 (Mo. App. 2009) (citation omitted). "Failure to comply with this rule is grounds for dismissal."
Without a transcript, we lack the necessary information to determine whether the trial court abused its discretion in awarding attorney's fees to be paid from the Estate. See, e.g., Dale v. Dir., Mo. Dept. of Social Services, Family Support and Children's Div., 285 S.W.3d 770, 772 (Mo.App. S.D.2009); Citibank (South Dakota) N.A. v. Edwards, 147 S.W.3d 810, 811 (Mo.App. W.D.2004) (cardholder's failure to provide appellate court with transcript of trial on credit card company's action to recover debt or exhibits admitted during trial precluded appellate review of claim that there was insufficient evidence to support finding that cardholder was responsible for debt). Bugg has provided us the transcript from the hearing on his after-trial motion.