Guy T. Decharia and Helen Decharia V. Book Reviews

Guy T. Decharia and Helen Decharia V. by St. Louis District Missouri Court of Appeals Book Summary

This is an action to enjoin the defendants from maintaining, on their property, a gate which shuts off a road which leads to the property of plaintiffs. There was a judgment for the defendants and the plaintiffs prosecute this appeal. We are here confronted with a brief by the appellants that violates Rule 83.05, V.A.M.R. That rule is clear and simple and easy to follow, yet from time to time we receive briefs which indicate that some counsel either ignore the rule or have no familiarity with it. The rule states: ""The brief for appellant shall contain: (1) A concise statement of the grounds on which jurisdiction of the review court is invoked."" The brief before us contains no jurisdictional statement of any kind. The second requirement of the rule is a statement of facts. The brief herein considered, under the heading of ""Statement of Facts"" contains only a copy of the pleadings and an agreement between the parties as to ownership of the land in question. It contains none of the facts which were developed by the evidence relating to the issues tried. We are thus deprived of an immediate, accurate and unbiased understanding of the facts in the case, which is the purpose of the statement of facts. Wipfler v. Basler, Mo., 250 S.W.2d 982.

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Guy T. Decharia and Helen Decharia V. (St. Louis District Missouri Court of Appeals) Book Reviews 2024

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