Section 9.12 Failure to Follow Appellate Procedure

• Library: App Ct Prac 2015 Supp

D. (§9.12) Failure to Follow Appellate Procedure

While the failure to follow appellate procedure alone is insufficient to warrant the assessment of sanctions, it is a factor considered by the courts in determining if the appeal is frivolous. For the most part, this failure is generally noted along with myriad other factors. The most egregious factor is a failure to prepare an adequate brief. As stated in Jensen v. Jensen, 670 S.W.2d 16, 19 (Mo. App. W.D. 1984), an inadequate brief “considered together with the record may reflect that no ‘fairly debatable’ issue exists to justify an appeal.” In such cases, the courts will not hesitate to assess sanctions against an attorney.

In Papineau v. Baier, 901 S.W.2d 190 (Mo. App. W.D. 1995), the appellant homeowners appealed a judgment enforcing a mechanic’s lien. The appellants presented 17 points on appeal, but they were not properly preserved for appellate review. Id. at 191–92. The majority of the points were claims of error that had not been properly presented to the trial court. Id. at 192. The court further noted...