[DOWNLOAD] "Jess Hoover D/B/a Hoover Agency v. Lloyd" by Springfield District Missouri Court of Appeals # Book PDF Kindle ePub Free

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eBook details

• Title: Jess Hoover D/B/a Hoover Agency v. Lloyd
• Author : Springfield District Missouri Court of Appeals
• Release Date : January 02, 1963
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

In this jury-waived action at law to recover for broker's services in selling real estate, the court entered judgment for
$540 in favor of plaintiff, Jess Hoover, a licensed real estate broker [Sec. 339.010(1)] doing business as the Hoover Agency
with his office in Carthage, Missouri, against defendants, Lloyd Whisner and Wilma Whisner, the owners of the property sold.
1 Defendants appeal. At the outset, we are confronted with plaintiff's-respondent's motion to dismiss the appeal for the alleged failure of defendants'-appellants'
brief to comply with the minimum essentials detailed in Rule 83.05. The motion to dismiss is not without merit. Defendants'
"points relied on" are: "I. The Court erred in finding for plaintiff and against defendants. II. The finding and judgment
of the court is without support in the evidence. III. The finding and judgment of the court are against the weight of the
credible evidence. IV. The finding and judgment of the court is contrary to the law." In language as explicit and demanding
as it is plain and unambiguous, subdivision (a) (3) of Rule 83.05 directs that "the points relied on ... shall show what actions
or rulings of the Court are sought to be reviewed and wherein and why they are claimed to be erroneous"; and, that there may
be no reason or opportunity for misunderstanding on the part of those who make a serious and purposeful effort to follow the
rule, the same direction is emphasized by repetition and amplified by example in subdivision (e). It has been pointed out
repeatedly that the cited subdivisions of Rule 83.05 clearly contemplate particularization in "points relied on" 2 and
that the requirements of the rule are not satisfied by Discussion and references in the "argument," 3 for an appellate
court has no duty to seine through the entire brief in an effort to ascertain the points on which an appellant depends. Sides
v. Contemporary Homes, Mo. App., 311 S.W.2d 117, 122; Beeler v. Board of Adjustment of City of Joplin, Mo. App., 298 S.W.2d
481, 483(2). The quoted "points" in instant defendants' brief are utterly insufficient, 4 and dismissal of the appeal for
flagrant violation of Rule 83.05 would be justified.

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