The default rule is that only judgments on the merits or dismissals with prejudice may be appealed. Dismissals without prejudice mean that the litigant can re-plead and pursue the claims; so, the court of appeals is often reluctant to touch a dismissal without prejudice until the trial court had made a final decision. To that end, there…
Legal Articles
Curative Admissibility Doctrine
At trial, the admissibility of evidence is within the trial court’s discretion. Nelson v. Waxman, 9 S.W.3d 601, 604 (Mo. 2000). There is an “abuse,” in this context, when a (1) ruling is clearly against the logic of the circumstances and is (2) so unreasonable and arbitrary that the ruling shocks the sense of justice and…
Harmless Error
To prevail as the appealing party on an appeal, you must demonstrate that there is reversible error. Very generally, “reversible error” is an error which affects the outcome of a case and prejudices the losing party. State v. Buamruk, 280 S.W.3d 600, 614 (Mo. 2009). This can be a tall hill to climb. For instance, if an appellant…
Preserving Error, Appeals
When appealing a judgment in Missouri, the appealing part must demonstrate that he or she raised the relevant issues before the trial court. Indeed, “[a]n issue that was never presented to or decided by the trial court is not preserved for appellate review.” State v. Davis, 348 S.W.3d 768, 770 (Mo. 2011). The reasoning for this…
Stare Decisis, Precedent
Stare decisis — “to stand by things decided” — is a legal rule. The rule is that previous cases decided are binding or persuasive on courts deciding similar subsequent cases. The U.S. Supreme Court has held that the rule is of “fundamental importance,” promoting “stability, predictability, and respect for judicial authority.” Hilton v. South Carolina Public…
Missouri Supreme Court Substitute Briefs
There are generally two ways to get a case heard in the Missouri Supreme Court. First, it has jurisdiction over certain cases, like constitutional challenges, certain types of revenue laws, and death penalty appeals. Second, it can hear cases which present questions of general interest or importance. Under this second approach, the Court of appeals…
Appellate Briefing, Points on Appeal
Appeals are technically and substantively complicated. With appeals, there is more of an emphasis on what the law is, whereas a trial court is often more focused on what factually occurred. The factual determinations made in the trial court are almost always binding on appeal. The legal effect of those facts are what is disputed…
Failure to State a Claim, Appeals
A lawsuit fails to state a claim when assuming all of its ultimate factual allegations are true a plaintiff still fails. The argument that a lawsuit fails to state a claim is waivable. Before 2012, a failure to state a claim argument could be raised for the first time on appeal. After 2012, the defense…
Explicit and Implicit Credibility
When arguing cases on appeal, it is virtually impossible to overturn a credibility determination made in the lower court. Indeed, appellate courts “defer to the trial court’s credibility determinations.” Federal Nat. Mortg. Ass’n v. Wilson, 409 S.W.3d 490, 494 (Mo. Ct. App. 2013). The reason for this deference is that lower courts in a better position…
Sub Silentio Opinions, Appeals
“Sub silentio” means “without notice being taken or without making a particular point of the matter in question.” Badahman v. Catering St. Louis, 395 S.W.3d 29, 49 fn 10 (Mo. 2013). This term is used to refer to the practice of appellate courts overturning cases without explicitly stating so. Although this is possible, it is…