In re Marriage of Smith , 283 S.W.3d 271, 273 (Mo. App. E.D. 2009). See alsoEvans v. Groves Iron Works , 982 S.W.2d 760 (Mo. App. E.D. 1998) :[F]aithful compliance with the rule also serves another salutary purpose.
The function of the appellant's brief is to explain to the court why, despite the evidence seemingly favorable to the respondent, the law requires that appellant must prevail. Evans v. Groves Iron Works, 982 S.W.2d 760, 762 (Mo.App. 1998). In complying with the dictates of Rule 84.04(c) and the other requirements of Rule 84.04, counsel must necessarily evaluate the appeal in precisely the manner it will ultimately be evaluated by the reviewing court.
Indeed, it is often viewed as an admission that if the Court was familiar with all of the facts, [that party] would surely lose." Prather , 345 S.W.3d at 263 (quoting Evans v. Groves Iron Works , 982 S.W.2d 760, 762 (Mo. App. E.D. 1998) ). Rule 84.04(d) governs the "Points Relied On" in an appellant's brief and gives appellants a simple template to follow when creating their points:
In re Marriage of Smith , 283 S.W.3d 271, 273 (Mo. App. E.D. 2009). See alsoEvans v. Groves Iron Works , 982 S.W.2d 760 (Mo. App. E.D. 1998) :[F]aithful compliance with the rule also serves another salutary purpose.
Hoer v. Small , 1 S.W.3d 569, 571 (Mo. App. E.D. 1999).SeeEvans v. Groves Iron Works , 982 S.W.2d 760, 762 (Mo. App. E.D. 1998) :[F]aithful compliance with the rule also serves another salutary purpose.
In re Marriage of Smith , 283 S.W.3d 271, 273 (Mo. App. E.D. 2009). See alsoEvans v. Groves Iron Works , 982 S.W.2d 760, 762 (Mo. App. E.D. 1998) ("However, faithful compliance with the rule also serves another salutary purpose. It should assist appellant’s counsel in evaluating whether the appeal should be pursued at all.... If counsel will objectively prepare a statement reciting only those facts that tend to support [the decision below], it will often be obvious that the appellate court will have no choice but to affirm ... and that there is no point in pursuing the appeal further.").
Indeed, it is often viewed as an admission that if the Court was familiar with all of the facts, the appellant would surely lose.'" Id. (quoting Evans v. Groves Iron Works, 982 S.W.2d 760, 762 (Mo.App. E.D. 1998)). Appellants' statement of facts contains multiple facts that have nothing to do with Appellants' argument and then leaves out some of the most important facts in the case.
Indeed, it is often viewed as an admission that if the Court was familiar with all of the facts, the appellant would surely lose.'" Id. (quoting Evans v. Groves Iron Works, 982 S.W.2d 760, 762 (Mo.App. E.D. 1998)). Appellants' statement of facts contains multiple facts that have nothing to do with Appellants' argument and then leaves out some of the most important facts in the case.
Indeed, it is often viewed as an admission that if the Court was familiar with all of the facts, the appellant would surely lose.’ " Id. (quoting Evans v. Groves Iron Works , 982 S.W.2d 760, 762 (Mo. App. E.D. 1998) ). Appellants' statement of facts contains multiple facts that have nothing to do with Appellants' argument and then leaves out some of the most important facts in the case.
Indeed, it is often viewed as an admission that if the Court was familiar with all of the facts, the appellant would surely lose." Evans v. Groves Iron Works, 982 S.W.2d 760, 762 (Mo.App. E.D. 1998). "The function of the appellant's brief is to explain to the Court why, despite the evidence seemingly favorable to the respondent, the law requires that appellant must prevail.