Section 6.10 Organization

• Library: App Ct Prac 2015 Supp

1. (§6.10) Organization

In general. In terms of overall argument structure, the argument must “substantially follow” the order of the points relied on. Rule 84.04(e). Within that general framework, each point relied on is restated at the beginning of the section of the argument discussing that point, and the argument “shall be limited to” addressing the issues raised in that point. Id. See also, e.g., Helmig v. State, 42 S.W.3d 658, 666 (Mo. App. E.D. 2001) (court will only consider arguments encompassed by point relied on).

Standard of review. The argument must also include a “concise statement” of the standard of review that the appellate court must apply to each error raised. Rule 84.04(e). In cases tried to a court without a jury, the standard of review simply comes from Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976), though there is a variety of standards. E.g., ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993) (summary judgment); Crews v. Crews, 949 S.W.2d 659, 663–64 (Mo. App. W.D. 1997) (child support and maintenance orders); Rules 30.20, 84.13(c) (court may, in its discretion, review for plain error when issue not preserved if substantial rights are affected and court finds that manifest injustice or miscarriage of justice has...