Db v. Dh
2011 Mo. App. LEXIS 1247
| Mo. Ct. App. | 2011Background
- D.B. petitioned for protection against D.H. under the Adult Abuse Act alleging harassment via repeated phone calls to business and cellular lines, threatening conduct toward D.B. and her family.
- D.B. alleged on December 9, 2010, bricks were thrown at her place of business; on January 20, 2011, D.H. shot out the windows of D.B.'s car with a pellet gun.
- The trial court issued an ex parte order and set a hearing; after a February 16, 2011 hearing with both parties, the court granted a full order of protection effective until August 21, 2011.
- D.H. appeals pro se challenging (1) lack of required findings and denial of cross-examination/rebuttal, and (2) sufficiency of the evidence supporting the order.
- The appellate court dismissed the appeal for lack of a transcript and thus an incomplete record under Rule 81.12(a)-(c).
- The court held the record insufficient to review whether findings were made, whether questioning was allowed, or whether the evidence supported the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court properly made required findings and allowed cross-examination. | D.H. argues the hearing lacked required findings and denied witness questioning/rebuttal. | D.B. contends procedures were followed and evidence supported the order. | Appeal dismissed for lack of transcript; record insufficient to review. |
| Whether the order was supported by the evidence in the record. | D.H. contends the evidence does not support the full order. | D.B. contends the evidence supports the order. | Appeal dismissed for lack of transcript; record insufficient to review. |
Key Cases Cited
- Davis v. Davis, 222 S.W.3d 335 (Mo.App. W.D.2007) (appellate review requires a proper record for determining error)
- State v. Charron, 743 S.W.2d 436 (Mo.App. E.D.1987) (appellant must provide transcript on appeal)
- Bastain v. Brown, 28 S.W.3d 494 (Mo.App. E.D.2000) (pro se litigants bound by same rules as attorneys)
