FIA CARD SERVICES, NA. v. Hayes
2011 Mo. App. LEXIS 284
Mo. Ct. App.2011Background
- Hayes was issued a Bank of America credit card prior to May 18, 2006, whose card division later merged into FIA Card Services NA.
- In October 2008, Hayes mailed a payment claim asserting the bill was paid in full, which FIA did not accept as payment.
- In January 2010, FIA filed suit against Hayes for nonpayment and breach of the credit card agreement; Hayes did not respond or appear on the return date.
- The trial court entered a default judgment in FIA's favor against Hayes.
- Hayes moved to set aside the default judgment, and the trial court denied the motion; Hayes appealed but the appeal was dismissed for failure to comply with Rule 84.04.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hayes's noncompliance with Rule 84.04 precludes appellate review | Hayes | FIA | Appeal dismissed for noncompliance; no review. |
Key Cases Cited
- Ward v. United Eng'g Co., 249 S.W.3d 285 (Mo.App. E.D.2008) (omission of Rule 84.04 compliance preserves nothing for review)
- Bridges v. Am. Family Mut. Ins. Co., 146 S.W.3d 456 (Mo.App. W.D.2004) (mandatory briefing requirements prevent appellate advocacy by speculation)
- Steltenpohl v. Steltenpohl, 256 S.W.3d 597 (Mo.App. W.D.2008) (noncompliance with briefing rules supports dismissal)
- Lueker v. Mo. W. State Univ., 241 S.W.3d 865 (Mo.App. W.D.2008) (mandatory page references in Rule 84.04(i) required for record verification)
- Thummel v. King, 570 S.W.2d 679 (Mo. Banc 1978) (three-element requirement for points relied on under Rule 84.04(d))