Dale v. Director

8 Citing cases

  1. Wheeles v. Wheeles

    577 S.W.3d 839 (Mo. Ct. App. 2019)   Cited 2 times

    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).

  2. State v. Whispering Oaks Residential Care Facility, LLC

    479 S.W.3d 689 (E.D. Mo. 2015)

    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.”

  3. State ex rel. Koster v. Whispering Oaks Residential Care Facility, LLC

    479 S.W.3d 689 (Mo. Ct. App. 2015)   Cited 3 times

    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.”

  4. Wagner v. Bondex Int'l, Inc.

    368 S.W.3d 340 (Mo. Ct. App. 2012)   Cited 36 times
    Holding that it is only necessary that the defendant's negligence be a cause or a contributing cause of the injury, not the exclusive cause

    “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).

  5. St. Louis Cnty. v. River Bend Estates Homeowners' Ass'n

    408 S.W.3d 116 (Mo. 2013)   Cited 67 times
    Discussing difference between retained experts, about whom more information must be disclosed to prevent such surprise, and non-retained experts, about whom less must be disclosed

    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.

  6. J.W. ex rel. A.W. v. St. Louis Pub. Schs.

    653 S.W.3d 905 (Mo. Ct. App. 2022)   Cited 1 times

    "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.

  7. Equity Tr. Co. v. Givhan

    604 S.W.3d 921 (Mo. Ct. App. 2020)   Cited 3 times

    "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."

  8. In the EState B. Downs v. Bugg

    348 S.W.3d 848 (Mo. Ct. App. 2011)   Cited 14 times

    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.