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910 S.W.2d 849

Gosek v. Gosek

Missouri Court of Appeals

Decided December 5, 1995

Missouri Court of Appeals · decided 1995-12-05

Cited by 2 later decisions — most recently August 1997

2 state decisions

Key passage — most relied on by later courts

“(d) Points Relied On. The points relied on shall state briefly and concisely what actions or rulings of the court are sought to be reviewed and wherein and why they are claimed to be erroneous, with citations of authorities thereunder. If more than three authorities are cited in support of a point made, the three authorities principally relied on shall be cited first. All authorities discussed in the argument shall be cited under the “Points Relied On.” Long lists of citations should not be included. Setting out only abstract statements of law without showing how they are related to any action or ruling of the court is not a compliance with this Rule.”

quoted by 1 later decision, including City of Kansas City, Inc. v. Hayward

Relies on Sutton v. Goldenberg · Mease v. McGuire

Good law ✅— No negative treatment on recordhow we know

Decided 1995-12-05

View the full empirical analysis of this case →

PER CURIAM:

¶1This case began on June 3, 1992, when respondent, Mr. Gosek, filed for a dissolution of marriage and custody of two minor children born of the marriage. The marriage was dissolved on February 4, 1993, and custody of the children was granted to Mr. Gosek.

¶2On appeal, Mrs. Gosek is acting pro se and takes exception to the trial court’s denial of her motion to modify custody filed August 19, 1994, and other related motions, including, to-wit: a “Motion to Dismiss Mr. Harris from the Case”, filed October 5, 1994; a “Motion for Cost for the Expert Witness”, filed November 23, 1994; a “Motion for Reunion of Mother with the children”, filed December 1, 1994; a “Motion to Dismiss Mr. Harris”, filed December 1, 1994; and a “Motion for the Gifts to the Children”, filed December 1, 1994.

¶3On December 1, 1994, appellant filed notices with the trial court calling up these motions for hearing on December 12, 1994. *850On December 12, 1994, the court took up all motions including Mr. Gosek’s motion to dismiss. Following a hearing on the motions, the court denied the appellant’s motions and sustained Mr. Gosek’s motion to dismiss.

¶4The brief of Mrs. Gosek fails to comply with Rule 84.04. On appeal, Mrs. Gosek is acting pro se. However, the court cannot relax its standards for pro se litigants. This rule is not because we lack sympathy; rather, it is required in order that all parties are treated fairly, and in order to preserve judicial impartiality and judicial economy. Sutton v. Goldenberg, 862 S.W.2d 515, 517 (Mo.App.1993). Nevertheless, we address the matter ex gratia.

¶5We have not been furnished a transcript of the proceedings below and are guided in our decision by the legal file and supplements together with the brief of the parties and the court docket sheet. The record before us reveals that the trial court held a hearing on the motions and granted the motion to dismiss filed by Mr. Gosek.

¶6In her Point I, Mrs. Gosek claims the court incorrectly granted Mr. Gosek’s Motion to Dismiss because “there was no such motion” filed by Mr. Gosek. However, Mr. Gosek did file a motion as revealed by the court’s docket sheet and the supplemental legal file.

¶7Mrs. Gosek alleges in Points II through V that she was not given notice that the motions would be called up, that she was not afforded an opportunity to respond and oppose the motion to dismiss, that she was deprived of presenting evidence supporting her motions and that the trial court acted arbitrarily in throwing material she had prepared in the trash can. Nowhere in the record do we discern that the trial court threw anything in the trash can.

¶8The court’s docket sheet, furnished in the legal file and part of the bare record filed with this court, refutes appellant’s allegation. Both parties noticed up the motions to be heard. Mrs. Gosek had notice of the motion hearing date, having set this date herself.

¶9The points relied on fail to briefly and concisely state what action or rulings of the court are to be reviewed and wherein and why they are claimed to be erroneous. Making only abstract statements of law or citing cases without demonstrating how they relate to any act or ruling fails to comply with Rule 84.04(d). The appeal must be dismissed.

¶10The fact that Mrs. Gosek is pro se does not require a different result. “Parties who represent themselves must satisfy all relevant rules of procedure and are entitled to no indulgence they would not have received if represented by counsel.” Mease v. McGuire, 886 S.W.2d 654 (Mo.App.1994).

¶11Appeal dismissed for failure to comply with Rule 84.04.

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