William Pattie (Pattie) appeals from a decision of the Labor and Industrial Relations Commission (the Commission) denying his claim for unemployment benefits pursuant to Missouri’s Employment Security Law, §§ 288.010-.500. 1 The Commission decided Pattie was not entitled to such benefits because he left work voluntarily without good cause attributable to the work or his employer. Acting pro se, Pattie appealed from that decision. After Pattie filed his brief, the Division of Employment Security (the Division) moved to dismiss the appeal for noncompliance with Rule 84.04.
We possess the discretionary authority to dismiss an appeal when an appellant’s brief fails to comply with Rule 84.04.
Cook v. State,
Rule 84.04 lists the requirements which an appellant’s brief must meet. These requirements are mandatory.
Coyne v. Coyne,
First, there is no table of cases, statutes and other authorities cited. Rule 84.04(a)(1);
Chang v. Lundry,
Second, the statement of facts does not contain “a fair and concise statement of the facts relevant to the questions presented for determination without argument.” Rule 84.04(c). Pattie’s narration of the facts is argumentative, which is improper.
Rushing v. City of Springfield,
Third, the Points Relied On in the brief are set out in three separate paragraphs. In these paragraphs, Pattie appears to be complaining that: (1) Pat-tie’s employer did not protest the claim; (2) the employer declined to attend the appeals tribunal hearing; (3) as a result, Pattie was not allowed to question his employer; (4) the Commission should have heard additional, newly discovered evidence submitted by Pattie; and (5) a letter exhibit should have been accepted by the Commission because it was not available at the hearing before the appeals tribunal. This amalgamation of errors fails to clearly identify what rulings or actions Pattie seeks to challenge on appeal, as required by Rule 84.04(d)(1)(A). Two of the three paragraphs also lack an adequate statement of the legal reasons supporting Pat-tie’s claims of reversible error. Rule 84.04(d)(1)(B). Therefore, these noncom-pliant points preserve nothing for appellate review.
Selberg,
Fourth, the argument in Pattie’s brief utterly fails to comply with Rule
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84.04(e). The points relied on are not restated at the beginning of this section of the brief as this subpart of the rule requires. No standard of review is included, which is another violation of Rule 84.04(e).
Bradley v. Capps,
In the Division’s motion to dismiss, it argues that the foregoing deficiencies are so substantial that meaningful review by this Court is impossible. After reviewing the brief, we are constrained to agree. See Rule 84.13(a) (allegations of error not properly briefed shall not be considered in any civil appeal). Therefore, we grant the Division’s motion and dismiss Pattie’s appeal.
While Pattie has the right to represent himself on appeal, “we must hold him to the same standards of practice and procedure that we would expect of an attorney in order to ensure fairness and impartiality.”
State v. Douglas,
We cannot and will not penalize Claimant for not utilizing the assistance of an attorney; but likewise, we cannot and will not lend Claimant any assistance in prosecuting her appeal because she is not represented by counsel. This is not a matter of our personal preference, but rather the demands placed upon us by our oaths of office, our commitment to uphold the rule of law, and the very nature of the adversarial process which requires fair, impartial and disinterested decision makers. We would be true to none of these principles if we applied the law in one manner to litigants represented by counsel and then in a different manner to litigants that are not represented by counsel.
Id. at 45 (footnotes omitted).
Appeal dismissed.
Notes
. All references to statutes are to RSMo (2000). All references to Rules are to Missouri Court Rules (2006).
