WILLIAM M. JOHNSON v. RELIABLE IMPORTS and STATE OF MISSOURI DIVISION OF EMPLOYMENT SECURITY , 468 S.W.3d 929 ( 2015 )


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  • WILLIAM M. JOHNSON,                          )
    )
    Appellant,             )
    )
    vs.                                   )   No. SD33744
    )
    RELIABLE IMPORTS and                         )   FILED: September 8, 2015
    STATE OF MISSOURI DIVISION                   )
    OF EMPLOYMENT SECURITY,                      )
    )
    Respondents.           )
    APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS COMMISSION
    APPEAL DISMISSED
    (Before Scott, P.J., Bates, J., and Sheffield, C.J.)
    PER CURIAM. “I know what I did was wrong and fraudulent.” Thus William
    Johnson described filing for and collecting $6,848 in emergency unemployment
    benefits while he was employed and earning wages. Still, he appeals the
    overpayment determination and denial of his petition for reassessment. We grant
    the Division’s motion to dismiss for violations of Missouri Court Rule 84.04.
    Pro se appellants are held to the same standards as licensed
    attorneys. The briefs of pro se appellants, as with all appellants,
    must comply with the rules of appellate procedure, including Rule
    84.04, which governs the content of appellate briefs. A pro se
    litigant is not granted preferential treatment if he or she fails to
    comply with the requirements of Rule 84.04, and failure to comply
    with this Rule constitutes grounds for dismissal. Our adherence to
    these principles stems not from a lack of sympathy for the pro se
    appellant, but is necessary to assure judicial impartiality, judicial
    economy, and fairness to all parties.
    Hankins v. Reliance Automotive, Inc., 
    312 S.W.3d 491
    , 493-94 (Mo.App.
    2010).
    Johnson’s brief is “so replete with Rule 84.04 violations that we are unable to
    review [his] appeal.” Hometown Bank, N.A. v. Yer Yang, 
    432 S.W.3d 806
    , 807
    (Mo.App. 2014). To cite just a few of the more egregious violations:
     The statement of facts is one sentence, with no record references, when
    Rule 84.04(c) calls for an appellant to fairly state the relevant facts with
    specific relevant cites to the appellate record.
     None of four points relied on, largely a collection of sentence fragments,
    remotely satisfy the requirements of Rule 84.04(d).
     A four-line argument cites no standard of review (see Rule 84.04(e)) or
    relevant authority, much less shows how legal principles interact with
    facts of the case. See Brown v. Ameristar Casino Kansas City,
    Inc., 
    211 S.W.3d 145
    , 147-48 (Mo.App. 2007). Such failings alone
    justify our deeming Johnson’s points abandoned. 
    Id. Since Johnson’s
    brief is “substantially lacking not only in form, but in content
    as well” (Hometown 
    Bank, 432 S.W.3d at 807
    ), we grant the Division’s motion
    and dismiss this appeal.
    2
    

Document Info

Docket Number: SD33744

Citation Numbers: 468 S.W.3d 929

Judges: Per Curiam

Filed Date: 9/8/2015

Precedential Status: Precedential

Modified Date: 1/12/2023