Dianna Yates (Yates) appeals from a decision of the Labor and Industrial Relations Commission (the Commission) denying her claim for trade adjustment assistance benefits pursuant to 19 U.S.C. §§ 2291-2298. The Commission determined that Yates was not entitled to such benefits because she had neither enrolled in an approved training program nor received a written waiver of the training requirement before the appropriate deadline expired. Yates appealed from that decision. The Division of Employment Security has requested that this appeal be dismissed because Yates’ brief does not comply with the requirements of Rule 84.04.
Yates has chosen to proceed pro se on appeal. We fully acknowledge her right to do so, but she is bound by the same rules of procedure as parties who are represented by counsel. Kline v. Casey’s General Stores, Inc.,
Ordinarily, an appellate court sits as a court of review. Its function is not to hear evidence and, based thereon, to make an original determination. Instead, it provides an opportunity to examine asserted error in the trial court which is of such a nature that the complaining party is entitled to a new trial or outright reversal or some modification of the judgment entered. It is not the function of the appellate court to serve as advocate for any party to an appeal.... When counsel fail in their duty by filing briefs which are not in conformity with the applicable rules and do not sufficiently advise the court of the contentions asserted and the merit thereof, the court is left with the dilemma of deciding that case (and possibly establishing precedent for future cases) on the basis of inadequate briefing and advocacy or undertaking additional research and briefing to supply the deficiency. Courts should not be asked or expected to assume such a role.
Id. at 686; Kline,
Rule 84.04 lists the requirements which an appellant’s brief must meet. These requirements are mandatory. Coyne v. Coyne,
First, the table of contents contains no table of cases, statutes and other authorities cited. Rule 84.04(a)(1); Chang v. Lundry,
Second, the brief lacks a concise statement of the grounds upon which this
Court’s jurisdiction is invoked. Rule 84.04(a)(2); Moreland v. Division of Employment Sec.,
Third, 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). Yates’ narration of the facts is argumentative, which is improper. Rushing v. City of Springfield,
Fourth, Yates’ brief contains no points relied on as required by Rule 84.04(d). The purpose of a point relied on is to give notice to the opposing party of the precise matters that must be addressed and to inform the court of the issues presented for review. Henson v. Henson,
Fifth, the one-page argument section of the brief contains no standard of review, which is required by Rule 84.04(e). Carden v. City of Rolla,
The violations of Rule 84.04 in Yates’ brief are so serious as to impede appellate review. State ex rel. Greene County v. Barnett,
The appeal is dismissed.
Notes
. All references to rules are to the Missouri Court Rules (2009).
